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Employment law brief: 12 February 2021

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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