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Employment law brief: 20 January 2023

20 January 2023 / Ian Smith
Issue: 8009 / Categories: Features , Employment , Disciplinary&grievance procedures , Covid-19
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Ian Smith is back with a bang, rounding up the latest employment updates including COVID fears in the workplace & claims submitted one day out of time
  • Health and safety protection: unfair dismissal and COVID fears.
  • Applying the just and equitable extension of time.
  • Problems with ruling on admissibility of evidence at a preliminary stage.

Just before the Christmas break, the Court of Appeal handed down its judgment in a case that had been awaited by employment lawyers, concerning the operation of a potentially relevant piece of legislation in COVID-related cases. Ultimately the question was whether an employee dismissed for refusing to return to work for fear of infection could claim the protection of the special unfair dismissal provisions on dismissal for health and safety-connected reasons. We had already had of course the Employment Appeal Tribunal (EAT) decision (the first at appellate level), but it was possible to argue that that decision was largely on factual issues, leaving much to be examined in more detail.

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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