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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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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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