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Employment law brief: 10 September 2021

10 September 2021 / Ian Smith
Issue: 7947 / Categories: Features , Employment
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Ian Smith serves up some employment classics & shares some wise lessons from the past
  • Amdocs Systems Ltd v Langton UKEAT/0093/20: a lesson for employers on permanent health insurance schemes.
  • Edinburgh Mela Ltd v Purnell UKEAT/0041/19: construing ‘deteriment’ in whistleblowing cases.
  • Jefferson (Commercial) LLP v Westgate UKEAT/0128/12: the wide nature of the ultimate test for fairness of a dismissal, in a case of high-end employment.

‘Old ones, but good ones’. This is not used here in the context of your humble author’s awful line in jokes, but in relation to the issues raised in the three cases considered this month. They are all well known ones to any employment lawyer worth their salt (though hopefully cutting down on their intake thereof for health reasons), but still merit attention when judicially considered or even reconsidered in recent case law. The first case takes us on a trip down memory lane into permanent health insurance schemes and their often less-than-obvious legal implications. The second makes some interesting points on what ‘detriment’

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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