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05 May 2021 / Ian Smith
Issue: 7931 / Categories: Features , Employment , Tribunals , Litigants in person
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Employment law brief: 7 May 2021

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In this month’s brief, Ian Smith serves up some insight into items which are always on the employment law menu
  • Are foster carers workers?
  • Constructive dismissal: too late to make amends.
  • Striking out a litigant in person’s case.

Employment status is always on the menu in employment law. The first case considered this month addresses ‘worker’ status, but with two twists—it arose in the context of trade union law, and its subject is the very unusual legal position of foster carers. The Court of Appeal has come down in their favour, stressing how specific to their case the decision is, but encouragement is given to appeal further to the Supreme Court where the gloves would be off and reconsideration could be given to their position in the law generally, possibly leading to the extension to them of employment rights generally. The second case addresses a potentially important issue in human relations practice—if management has behaved badly to an employee who is threatening to leave and claim constructive

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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