header-logo header-logo

03 November 2017 / Ian Smith
Issue: 7768 / Categories: Features , Employment
printer mail-detail

Employment law brief: 3 November 2017

nlj_7768_ian_smith

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
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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll