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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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