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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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Winckworth Sherwood—Sarbjeet Gill

Winckworth Sherwood—Sarbjeet Gill

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University of Manchester: The LLM driving tech-focused career growth

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mfg Solicitors—Philip Chapman

mfg Solicitors—Philip Chapman

Regional firm strengthens corporate team with partner hire

NEWS
It is possible to obtain a UK patent for an artificial intelligence (AI) machine which uses artificial neural networks (ANNs), the Supreme Court has held
The current state of geopolitics is so volatile it is ‘fundamentally reshaping’ the role of general counsel, according to a report by a global network of law firms
The High Court has clarified how winding-up petitions must be served, in a decision with implications for 30,000 UK businesses using the Companies House default address for official mail
The ‘statutory remit’ of super-regulator the Legal Services Board (LSB) is to come under scrutiny in a government review
There is ‘an overwhelming operational case for a new civil justice centre in Cardiff,’ Baroness Carr, the Lady Chief Justice, has told MPs
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