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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

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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