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Employment law brief: 13 September 2024

13 September 2024 / Ian Smith
Issue: 8085 / Categories: Features , Employment , Discrimination , Equality , Tribunals
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Basking in the dog days of summer, Ian Smith gets his teeth into recent case law involving bad blood, hearsay & a disappearing witness
  • Case one deals with discrimination law, the burden of proof and the drawing of inferences.
  • Case two relates to case management and equal pay.
  • Case three is on the topic of costs: the relevance of judicial mediation and assessment.
  • And case four demonstrates that there is no general requirement of corroboration of evidence in an ET.

As we await the publication of the new government’s promised Employment Rights Bill, the dog days of the fag end of the summer produced four cases worth considering. The first is a potentially important reconsideration of the case law on the burden of proof and the drawing of inferences in discrimination cases. This is followed by three quite short cases on aspects of employment tribunal (ET) procedure which all make precise but significant points.

Discrimination law

Unsurprisingly, the application of the Equality Act 2010, s 136

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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