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Employment law brief: 7 November 2019

07 November 2019 / Ian Smith
Issue: 7863 / Categories: Features , Employment , Discrimination
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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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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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