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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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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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