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10 November 2011
Issue: 7489 / Categories: Case law , Law digest , In Court
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Employment

Kay v Cheadle Royal Healthcare Ltd t/a Affinity Healthcare UKEAT/0060/11/CEA, [2011] All ER (D) 05 (Nov)

It was well established that tribunals should concentrate on the question of whether it was reasonable in the circumstances to dismiss the employee whose claim was under consideration, and should treat arguments based on disparity with care. There would not be many cases where the evidence supported the proposition that there were other cases which were truly similar, or sufficiently similar, to afford an adequate basis for arguing that there had been a disparity. Such an argument was only likely to succeed if it could be shown that the tribunal’s evaluation of the evidence before it had been perverse, which was essentially a complaint about the tribunal’s findings of fact.
 

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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