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08 February 2018 / Ian Smith
Issue: 7780 / Categories: Features , Employment
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Employment law brief: 8 February 2018

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Ian Smith takes some time out to get serious about the trajectory of pension litigation, unfair dismissal & injury to feelings damages

  • Pension equality: macro issues at a micro level?
  • Unfair dismissal of a fixed-term employee.
  • Tribunal jurisdiction to construe a contract.
  • Injury to feelings damages available in all detriment cases.

What a way to treat a distinguished High Court judge in his retirement. There was Sir Alan Wilkie sitting harmlessly at home watching Escape to the Country when agents of the state broke in and put a chloroform mask over him, so strong that he only woke up a day later shackled to the judge’s chair in the Employment Appeal Tribunal (EAT) and made to hear the joined appeals in two cases of such complexity that they evoke in any readers the prescient statement of Monty Python’s Professor Gumby —‘My brain hurts’. The cases are Lord Chancellor v McCloud UKEAT/0071/17 and Sargeant v London Fire and Emergency Planning Authority UKEAT/0116/17, both of which constituted major test cases

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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