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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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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