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08 April 2022 / Ian Smith
Issue: 7974 / Categories: Features , Employment
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Employment law brief: 8 April 2022

77721
Making history: Ian Smith performs a perfect loop-the-loop & serves up three significant Court of Appeal decisions

In brief

  • ‘Worker’ definition—no need for an irreducible minimum of obligation.
  • Detriment on union grounds does not extend to taking industrial action.
  • Directors/CEOs and employment status—the EU law angle.

Apart from the usual spate of annual changes in the run-up to the beginning of April (the increase of the various employment protection limits, the up-rating of the national minimum wage and relevant social security benefit, a review of the Vento scales for injury to feelings awards by the employment tribunal (ET) presidents and, this year, two replacement immigration law codes of practice for employers on the operation of the civil penalty scheme for employing illegal workers and how to avoid unlawful discrimination when using the system) this has been a relatively quiet month for employment case law in the Employment Appeal Tribunal (EAT). However, we have had instead three Court of Appeal cases.

The first two make important statements on historically difficult

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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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