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07 November 2019 / Ian Smith
Issue: 7863 / Categories: Features , Employment , Discrimination
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Employment law brief: 7 November 2019

In this month’s employment brief, Ian Smith raises a glass to legal privilege in the face of pub gossip, & the Pandora’s Box opened by the recent whistle-blowing judgment
  • Judges can be ‘workers’.
  • No liability for third-party harassment.
  • Reversing the burden of proof in discrimination cases.

Dangerous places, London pubs. We might have benefited from Christopher Marlowe’s views on this, if he had not been murdered in one. What brought this to mind this month was a Court of Appeal decision (Curless v Shell International Ltd [2019] EWCA Civ 1710, [2019] All ER (D) 137 (Oct)) the facts of which occurred in that den of lawyers and other assorted ne’er-do-wells, the Old Bank of England pub near the law courts. The claimant in a case suddenly realised that a gaggle of lawyers just behind him were in fact talking about his case, from the other side. He was being faced with being ‘managed out’ by redundancy, but he thought it was for other, more dubious reasons.

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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