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09 May 2019 / Ian Smith
Issue: 7839 / Categories: Features , Employment
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Employment law brief: 9 May 2019

Ian Smith cleans up the latest tribunal cases & considers the importance of acting in time & the difficulty of washing off reputational harm

  • Potential equal pay arrears can be claimed as a guaranteed debt.
  • Extension of time and the old fees regime.
  • Striking out in the case of a litigant in person.
  • Restricted reporting orders and individual respondents.
  •  

    Of the four cases considered this month, only one concerned a point of substantive law, namely whether potential arrears under an ongoing equal pay claim can be claimed on the employer’s insolvency from the secretary of state as a guaranteed debt; the Court of Appeal has upheld in full the earlier important Employment Appeal Tribunal (EAT) decision on this unusual, abstruse but possibly important point. The other three cases concerned procedural matters of a wide scope, covering extensions of time based on the effects of the old fees regime, the exercise of an employment tribunal’s (ET’s) strike-out power in the case of a litigant in person, and the perennially

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    MOVERS & SHAKERS

    Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

    Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

    Two promoted to partner in property litigation and education teams

    Dorsey & Whitney LLP—Peter Knust

    Dorsey & Whitney LLP—Peter Knust

    Cross-border finance and restructuring specialist joins as of counsel in London

    Powell Gilbert—Callum Beamish-Lacey

    Powell Gilbert—Callum Beamish-Lacey

    IP firm promotes litigator to partnership

    NEWS

    From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

    Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
    Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
    Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
    The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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