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11 November 2020 / Ian Smith
Issue: 7910 / Categories: Features , Employment
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Employment law brief: 13 November 2020

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After a quiet few weeks, Ian Smith breaks the silence & tackles a Polkey reduction & the meaning of ‘because of’...

In brief

  • Constructive dismissal; communicating by conduct.
  • ACAS uplift not applicable to whistleblowing cases.
  • Applying a Polkey reduction to loss of statutory rights.
  • Causation in discrimination cases—the meaning of ‘because of’.

Things on the employment law front have been rather quiet for the last few weeks. At the time of writing we are still awaiting the publication of two Supreme Court decisions (already heard) of major importance, namely in the Uber litigation on employment/worker status in gig economy cases and the Royal Mencap case which will hopefully square the circle on when the national minimum wage applies to on-call/living in carers. Both have economic implications beyond their purely legal significance. In the meantime, we have had three EAT cases reported last month on communicating acceptance of employer repudiation by conduct, applying a Polkey (Polkey v A E Dayton Services Ltd [1987] 3 All ER 974)

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

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

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
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
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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