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05 November 2021 / Ian Smith
Issue: 7955 / Categories: Features
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Employment law brief: 5 November 2021

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Ian Smith leaves no stone unturned as he tackles rudeness, gross insubordination, stigmatisation, honour, reputation, & protected disclosure
  • Court of Appeal consideration of ‘substitution’ clauses in gig economy cases.
  • Adjudicating on a whistleblowing case—Employment Appeal Tribunal advice.
  • Disclosure—legal professional privilege and the ‘iniquity’ exception.
  • Anonymity orders—embarrassment/stigma not enough.

The four cases considered this month all contain useful guidance for tribunals and all the rest of us struggling blindly in the Stygian gloom of employment law. In the first, the Court of Appeal gave welcome consideration to the perennial problem of substitution clauses in cases on employment/worker status, and did so specifically in the context of gig economy working. In the second case the Employment Appeal Tribunal (EAT) strongly recommended a structured approach to adjudication in whistle blowing cases.

The third and fourth cases concerned matters of procedure, rather than substantive liability. In the third the EAT considered the ‘iniquity’ exception to professional privilege (coming to a conclusion that claimants’ representatives might find worrying), and in the fourth it gave

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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