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Employment law brief: 13 November 2020

11 November 2020 / Ian Smith
Issue: 7910 / Categories: Features , Employment
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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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Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Senior associate promotion strengthens real estate offering

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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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