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10 April 2020 / Ian Smith
Categories: Features , Employment
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Employment law brief: 10 & 17 April 2020

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Ian Smith seeks solace in some reassuringly ‘normal’ case law

In brief

  • Limits on the right to silence: answering straight questions honestly.
  • Trust and confidence: a case too far.
  • National minimum wage: continuing problems with agreed deductions from wages.
  • Whistleblowing: sufficient information?

The run-up to the start of the financial year in April was particularly busy, coinciding with all the emergency coronavirus legislation. The latter, for employment law purposes, has seen legislation to establish emergency volunteering leave, changes to statutory sick pay and an amendment to the Working Time Regulations 1998 to allow four weeks of the statutory holiday entitlement to be rolled over into subsequent holiday years. The ‘normal’ legislation coming through has seen the annual up-rating of employment protection amounts, social security benefits and the national minimum wage rates. On top of all this, the presidents of employment tribunals have at the same time announced increases in the Vento scale for awards for injury to feelings in discrimination cases.

In the

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A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

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A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
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The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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