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22 May 2008 / Ian Smith
Issue: 7322 / Categories: Features , Employment
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Employment Law Brief: 22 May 2008

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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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