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Employment law brief: 15 July 2022

15 July 2022 / Ian Smith
Issue: 7987 / Categories: Features
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UNITEd we stand: Ian Smith rounds up the latest employment cases, covering collective bargaining, disability discrimination & defining ‘workers’
  • Offers made to workers to bypass collective bargaining—applying Kostal v Dunkley.
  • How to apply the ‘worker’ definition.
  • Applying the uplift for failure to comply with the ACAS Code of Practice.
  • Discrimination arising from disability—the relevance of the contract of employment.

The idea of structured decision-making is a mantra that has been with us for many years. Sometimes it comes from judicial administration training and guidance, but there is still room for it from courts and tribunals. The first three cases considered here show it being adopted by the Employment Appeal Tribunal (EAT) for the guidance of employment tribunals (ETs), covering the diverse areas of illegal bargaining offers, applying the ‘worker’ definition, and deciding whether to apply the statutory uplift of compensation for failure to comply with the Advisory, Conciliation and Arbitration Service (ACAS) Code of Practice. The fourth case makes a short but possibly important point of law on applying

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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