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Employment Law Brief: 22 May 2008

22 May 2008 / Ian Smith
Issue: 7322 / Categories: Features , Employment
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illegality and tax status
burden of proof and automatic unfairness
protection from harassment

Several years ago, one learned lord justice said extra-judicially that he had always thought that slavery had been abolished in this country until he had been appointed to the Court of Appeal. That sentiment has perhaps been borne out in the employment law sphere with a sudden rush of cases in that court in the last month.

In Kalwak and another v Consistent Group Ltd  [2008] EWCA Civ 430, [2008] All ER (D) 394 (Apr) the court overturned a well known decision of the Employment Appeal Tribunal (EAT) extending employment status (and hence protection) to Polish workers imported into this country by an agency whose documentation then went out of its way to deny any employment relationship. The decision was largely because of defective reasoning by the tribunal and the result was that the case was remitted for a rehearing (which will be interesting).

In Amicus and others v Dynamex Friction Ltd and another [2008] EWCA Civ 381,

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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