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10 February 2021 / Ian Smith
Issue: 7920 / Categories: Features , Employment
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Employment law brief: 12 February 2021

38897
Internal procedures, constructive dismissals & the slippery slope of indirect discrimination: Ian Smith offers some expert tuition
  • Using internal procedures does not rule out a later constructive dismissal claim.
  • Court of Appeal rules on how to deal with a request to extend time in a discrimination case.
  • Two helpful examples of indirect sex discrimination cases.

The first case considered in this brief is an important one in practice for employees faced with really bad treatment by the employer, potentially unacceptable, but wanting to at least try to resolve matters internally before walking out and losing their job: if they use the employer’s grievance or appeal procedure, do they thereby jeopardise their right to claim constructive dismissal? The second case, on how to adjudicate on an application to extend the time limit for a discrimination claim, shares one aspect with the first case, namely that the answer has been uncertain for some time, given the importance of the questions. The Employment Appeal Tribunal (EAT) has (hopefully) resolved the first

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

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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