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Fight for the right

29 July 2011 / Ian Smith
Issue: 7476 / Categories: Features , Tribunals , Disciplinary&grievance procedures , Employment
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Ian Smith enters into the tussle between employment law & human rights

The column this month is, unusually, devoted to only one case. There are currently an unusual number of cases on employment law before the Supreme Court. One very important one on whether and, if so, when “loss of career” damages may be awarded in a common law action was heard towards the end of June (Edwards v Chesterfield Royal Hospital NHS Trust) and its result is awaited with a mixture of fascination and trepidation. In the meantime, we have had the first judgment in the forthcoming series of them, concerning the always controversial area of the interaction of employment law and human rights law, this time in the context of rights to representation before internal disciplinary hearings.

The question of representation

R (G) v Governors of X School [2011] UKSC 30, [2011] All ER (D) 220 (Jun) is the much awaited Supreme Court decision on the question which has arisen in the last couple

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

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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
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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