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Employment law brief: 7 May 2021

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

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
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
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
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