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06 January 2011 / Michael Salter , Chris Bryden
Issue: 7447 / Categories: Features , Employment
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A fine balance

Chris Bryden & Michael Salter warn against the dangers of office gossip

In Nixon v Ross Coates Solicitors [2010] UKEAT/0108/10/ZT HHJ McMullen with typical robustness noted the “injudicious behaviour by young professionals at the Christmas party of a solicitor’s firm and its consequences for employment relations”.

The Employment Appeal Tribunal (EAT) was considering an appeal by the claimant, Miss Nixon, and a cross-appeal by the respondent, arising out of Miss Nixon’s claim for unfair dismissal, sex discrimination, and discrimination on the grounds of pregnancy and harassment.

The claim arose out of the pregnancy of Miss Nixon by a colleague in the firm, Mr Perrin, with whom she was in a relationship. At a staff Christmas party held on 22 December 2007, however, Miss Nixon was, in the words of HHJ McMullen, “involved flirtatiously [in] kissing the IT manager”; the pair later obtained a room and had intercourse. In the New Year, Miss Nixon informed the principal of the firm, Mr Coates, of the fact of her pregnancy. However, within an hour the

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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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