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15 February 2013 / Ian Smith
Issue: 7548 / Categories: Features , Employment
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The blame game

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Ian Smith considers apportioning liability between respondents & the correct approach to Polkey

Highest on the recent newsworthiness index must be the decision of the European Court of Human Rights (ECtHR) in the Ladele et al litigation (Eweida and Chaplin v United Kingdom [2011] ECHR 738; Ladele and McFarlane v United Kingdom [2011] ECHR 737) on religious symbolry and objections to certain aspects of a job function. However, this column picks out two other, very different cases which raised difficult points of more prosaic employment law but with both appearing in the national press because of their facts. That factor gives them a unifying element but what most starkly divides them is their final outcomes—in one a lawyer who was unlawfully refused two posts she applied for on racial grounds received in excess of £420,000, whereas in the other a school playtime supervisor who lost her job due to a falling out with the school over a playground incident was eventually awarded £49.99. That is not to say that this is in

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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