header-logo header-logo

Employment law brief: 7 February 2019

07 February 2019 / Ian Smith
Issue: 7827 / Categories: Features , Employment
printer mail-detail

Ian Smith serves up a turbo-charged, non-biased update on recent case law & substantive procedural matters

  • ASDA Stores (1): the comparison point. ASDA Stores (2): the procedural point.
  • Extension of time for appealing to the EAT: computer problems and ill health.
  • Apparent bias at ET hearing.
  • Much of the case development in recent employment law has concerned mainstream substantive matters such as employment/worker status and contractual and statutory rights on dismissal. However, for a change the four cases (three Court of Appeal and one Employment Appeal Tribunal (EAT)) considered this month show that other substantive areas and procedural matters must not be overlooked, even if they may seem at times to have gone to sleep. The first two concern the same litigation—namely the ‘ASDA cases’ on equal pay—the third is a Court of Appeal case on extension of time for appealing to the EAT, and the fourth is an EAT case on when robust exchanges between Bench and Bar do and (more importantly) do not constitute apparent

    If you are not a subscriber, subscribe now to read this content
    If you are already a subscriber sign in
    ...or Register for two weeks' free access to subscriber content

    MOVERS & SHAKERS

    Carey Olsen—Kim Paiva

    Carey Olsen—Kim Paiva

    Group partner joins Guernsey banking and finance practice

    Morgan Lewis—Kat Gibson

    Morgan Lewis—Kat Gibson

    London labour and employment team announces partner hire

    Foot Anstey McKees—Chris Milligan & Michael Kelly

    Foot Anstey McKees—Chris Milligan & Michael Kelly

    Double partner appointment marks Belfast expansion

    NEWS
    The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
    Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
    After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
    The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
    Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
    back-to-top-scroll