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29 September 2016 / Ian Smith
Issue: 7716 / Categories: Features , Employment
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Employment law brief: 29 September 2016

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Ian Smith tackles matters of procedure

  • Extension of time where advisers at fault.
  • ET rule on rejection of a claim ruled ultra vires.
  • Disabilty cases—making reasonable adjustments for the hearing.
  • Giving reasons in an indirect discrimination case.

As your humble author was lazily floating in the balmy waters of the North Sea off Southwold beach one day in our scorchio August (sorry—that had to go in because it may not be possible to say it for another decade) he thought what a good idea it would be for one of these columns to concentrate purely on matters of procedure (the Cinderella subject of employment law) rather than substance. This primarily shows what a saddo your humble author is (even before getting to Dr Who and Robot Wars ), but lo it came to pass that that is what has happened this month. Of the following four cases below, three concern matters ever likely to arise in tribunal litigation, with the fourth being a highly unusual case of

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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? 
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