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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

    Walkers—Muriel Marseille

    Walkers—Muriel Marseille

    Ashurst's Chief Risk Officer joins Walkers

    Excello Law—John Osborne

    Excello Law—John Osborne

    Northern family lawyer John Osborne joins Excello

    mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

    mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

    Trio of promotions announced at Kidderminster law firm mfg Solicitors

    NEWS
    A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
    The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
    The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
    The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
    Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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