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Inquisitors, adversaries & workplace disputes

08 October 2021 / Alec Samuels
Issue: 7951 / Categories: Features , Procedure & practice , Employment
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Alec Samuels asks whether an inquisitorial employment disputes system might be more fair
  • Suggests moving to an inquisitorial rather than adversarial system for employment disputes, in light of Royal Mail v Efobi, a race discrimination case where a postal worker was turned down for more than 20 IT/management jobs despite having suitable qualifications.

The employee, Mr Efobi, worked for Royal Mail and applied for promotion within the company on several occasions. Usually he was rejected without interview; occasionally he was rejected following interview. So far as could be seen he was at least equal in qualification, experience and performance to the successful candidates.

The employee claimed race discrimination. He was black, whereas the other candidates were white. The application form asked about ethnicity; or anyway the employer very probably would have known of the ethnicity of the candidates. He contended it was more than coincidence, and was obviously race discrimination. He proved the above facts, the bare facts. He invited the tribunal to draw an adverse inference. The tribunal

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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