header-logo header-logo

Employment law brief: 11 December 2020

10 December 2020 / Ian Smith
Issue: 7914 / Categories: Features , Employment , Tribunals , Discrimination
printer mail-detail
34122
Ian Smith signs off for the year with a salute to Shakespeare
  • Considerations for applications to amend employment tribunal claims.
  • Guidance on when to order special disclosure in an employment tribunal.
  • ‘Cost-plus’ justification in discrimination law.

It has been said that the works of Shakespeare are less a collection of plays than a long series of quotations. The same might be said of Vaughan v Modality Partnership (2020) UKEAT/0147/20, the first reported decision of the new Employment Appeal Tribunal (EAT) judge (and, we are delighted to say, our new Harvey editor), Judge James Tayler, which subjects the law on amending employment tribunal (ET) claims to fresh scrutiny and contains several highly quotable passages for any lawyers or representatives having to deal with this matter.

The judgment starts with this salutary reminder about using well established principles of law:

‘This appeal concerns the correct approach to adopt when considering an application to amend. It might be said that everything that needs to be said about

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll