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29 May 2014 / Ian Smith
Issue: 7608 / Categories: Features , Property
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Employment law brief: 29 May 2014

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Ian Smith considers the latest employment law developments

Three cases in the last month concern widely different aspects of employment law, but each arose in an area that has been of some controversy and/or difficulty recently: (i) can an employer defend a claim for victimisation/detriment on the basis that it took the action against the employee not because of what he did (which was protected by the law) but because of the unacceptable way that he did it?; (ii) where there has been a failure to consult on an impending TUPE transfer due to the transferee’s fault, can there be a direct action against that transferee?; and (iii) where the Employment Appeal Tribunal (EAT) discerns an error of law in a tribunal’s judgment, when can it decide the result of the case itself, without the extra delay and expense of a remission to the tribunal?

 

It’s not what you say, it’s the way you say it

The claimant in Panayiotou v Kernaghan UKEAT/0436/13 claimed to have suffered a detriment

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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