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16 September 2022 / Ian Smith
Issue: 7994 / Categories: Features , Employment
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Employment law brief: 16 September 2022

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In how many ways can a case end up developing the law? Ian Smith illustrates some striking comparisons from the world of employment
  • Extension of time for presenting claims—the relevance of potential merits of the case.
  • Compensatory award—applying the statutory cap when the award is increased.
  • Discrimination arising from disability—what is unfavourable treatment?

The first two cases considered this month contain a neat comparison, showing two ways in which cases may develop the law. The first concerned a question which, for all its apparently commonplace nature, has had little by way of clear authority to guide employment tribunals (ETs) and advisers (whether, in considering an application for a ‘just and equitable’ extension of time, an ET can take into account the claimant’s prospects of success if allowed to continue). By contrast, the second case concerned an area which has essentially been settled law since the 1980s, but has still recently thrown up a very specific problem of application in a case on unusual facts (how to apply the statutory

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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