header-logo header-logo

26 June 2008 / Ian Smith
Issue: 7327 / Categories: Features , Discrimination , Terms&conditions , Employment
printer mail-detail

Employment law brief: 26 June 2008

STATUTORY INTERPRETATION
PRINCIPLE
NIT-PICKING

Employment law can be a curious mixture of several things—the topical and the mundane, the ancient and the modern, the fascinating and the mind-numbingly tedious (no prize offered for nominations for the latter category). The mixture particularly notable this month is that between cases involving broad questions of principle and those involving nit-picking points of statutory interpretation. While we should not be too dismissive of the latter (after all, on one occasion many years ago a case went to the House of Lords under the merchant shipping legislation to decide whether the word “or” means “or”, or “and”, or “and/or”, with the whole validity of a prosecution depending on it—“the master or owner may be prosecuted”, and one already had been) the contrast remains an interesting one.

PRINCIPLE (1): BASIS OF A CONTRACT
The element of personal service has figured significantly in many of the recent cases on employment status, but the decision of the Employment Appeal Tribunal (EAT) under Elias P in Ellis v M&P

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll