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Employment tribunal

15 July 2016
Issue: 7707 / Categories: Case law , Law digest , In Court
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Asda Stores Ltd v Brierley and others [2016] EWCA Civ 566, [2016] All ER (D) 03 (Jul)

The Court of Appeal dismissed the employer supermarket’s appeal where the employer had requested the employment tribunal to impose an indefinite stay on an equal pay claim to compel the employees to bring their claims in the High Court. The court held that there was no statute or rule of law which permitted the tribunal to relinquish jurisdiction in favour of the High Court and given the structure of the primary legislation, the tribunal could not use its case management power for the purpose of relinquishing jurisdiction merely because it considered that court to be a more appropriate forum.

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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