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03 November 2017 / Ian Smith
Issue: 7768 / Categories: Features , Employment
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Employment law brief: 3 November 2017

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Ian Smith shuns immunity & considers three recent judgments which make important contributions to the development of the law

  • How does whistleblowing law apply in an ‘Iago case’?
  • How wide is the protection for job applicants with a history of trade union involvement?
  • How does TUPE apply to tort liabilities?

Immunities are not currently in fashion and are increasingly open to challenge under EU and/or human rights law. Last month three Supreme Court cases narrowed three different ones significantly in the employment law context:

  • in Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2017] All ER (D) 84 (Oct) state immunity did not save foreign legations from tribunal action by a domestic employee alleging bad treatment;
  • in Reyes v al-Maliki [2017] UKSC 61, [2017] All ER (D) 85 (Oct) diplomatic immunity was narrowed to allow a claim against a diplomat for bad treatment of a domestic employee in his own home (with allegations of modern slavery too), at least once his diplomatic post had
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NEWS
Operation Soteria, a 2021 initiative which protected rape victims from excessive scrutiny during police investigations, is being expanded into the courtroom, the Ministry of Justice has said
Civil and judicial review claims are being processed faster than this time last year despite the number of judicial reviews increasing by 56% to 1,100 applications, the latest civil justice statistics quarterly, published this week, have shown
The collapse of law firms Axiom Ince and SSB Group demonstrate the need for the Legal Services Board (LSB) to strengthen its oversight of frontline regulators, Law Society president Mark Evans said this week

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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