header-logo header-logo

09 May 2019 / Ian Smith
Issue: 7839 / Categories: Features , Employment
printer mail-detail

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

    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

    Michelman Robinson—Daniel Burbeary

    Michelman Robinson—Daniel Burbeary

    Firm names partner as London office managing partner

    Bellevue Law—Sally Hall

    Bellevue Law—Sally Hall

    Employment boutique strengthens data protection and privacy offering with senior consultant hire

    NLJ Career Profile: Ken Fowlie, Stowe Family Law

    NLJ Career Profile: Ken Fowlie, Stowe Family Law

    Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

    NEWS
    Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
    Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
    Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
    Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
    The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
    back-to-top-scroll