header-logo header-logo

29 September 2016 / Ian Smith
Issue: 7716 / Categories: Features , Employment
printer mail-detail

Employment law brief: 29 September 2016

nlj_7716_smith_employment

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

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

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll