header-logo header-logo

14 January 2016 / Ian Smith
Issue: 7682 / Categories: Features , Employment
printer mail-detail

Employment law brief: 14 January 2016

Ian Smith kicks off the new year with some complicated case law

Now that the season of goodwill is mercifully over and we can revert to type, ie viewing each other with mutual suspicion if not positive dislike, the attention of employment lawyers (and anyone else strange enough to read this column for enjoyment) is drawn to three cases reported shortly before Christmas. They all concern important facets of current law and equally all of them show how complicated the answers to them can be. The first concerns part-time worker protection, which was eventually held not to apply to the claimant, even though at first sight he seemed to have a pretty good case. The second concerns time limits in discrimination law and in other forms of employment cases, being concerned to maintain an important distinction between them. Conversely, the third case (a relatively rare one these days on protection from detriment and/or dismissal for trade union reasons) is concerned to maintain consistency between the two statutory causes of action in question.

Advocate

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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll