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10 December 2020 / Ian Smith
Issue: 7914 / Categories: Features , Employment , Tribunals , Discrimination
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Employment law brief: 11 December 2020

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

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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