header-logo header-logo

10 December 2020 / Ian Smith
Issue: 7914 / Categories: Features , Employment , Tribunals , Discrimination
printer mail-detail

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

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—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
back-to-top-scroll