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15 July 2022 / Ian Smith
Issue: 7987 / Categories: Features
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Employment law brief: 15 July 2022

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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

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

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mfg Solicitors—five promotions

mfg Solicitors—five promotions

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Brabners—six promotions

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NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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