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Employment law brief: 7 February 2019

07 February 2019 / Ian Smith
Issue: 7827 / Categories: Features , Employment
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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 bias.

    Comparison matters

    In

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    MOVERS & SHAKERS

    Slater Heelis—Chester office

    Slater Heelis—Chester office

    North West presence strengthened with Chester office launch

    Cooke, Young & Keidan—Elizabeth Meade

    Cooke, Young & Keidan—Elizabeth Meade

    Firm grows commercial disputes expertise with partner promotion

    CBI South-East Council—Mike Wilson

    CBI South-East Council—Mike Wilson

    Blake Morgan managing partner appointed chair of CBI South-East Council

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    The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
    In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
    Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
    James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
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