header-logo header-logo

Employment law brief: 10 September 2021

10 September 2021 / Ian Smith
Issue: 7947 / Categories: Features , Employment
printer mail-detail
56833
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’

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
back-to-top-scroll