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A legal treasure trove

08 October 2009 / Ian Smith
Issue: 7388 / Categories: Features , Employment
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The decision in Amnesty International v Ahmed is a treasure trove of law on the meaning of direct discrimination, with subsidiary points on constructive dismissal and the relationship between these two areas. It is a lengthy judgment which merits being read in full by anyone practising in this area. As the guidance is from the EAT president, it is likely to be taken to heart by tribunals.

This month, unusually, this column concentrates on just two cases. One is of considerable topicality, concerning large pay-offs to already well-remunerated public sector executives and shows a novel application of the doctrine of ultra vires, not just to attack the substance of the agreement, but to overturn a compromise agreement containing it.

However, the first case to consider, while not so high profile is, in a legal sense potentially more important because it contains a major statement of principle by the president of the Employment Appeal Tribunal (EAT) on the approach to be taken by tribunals as to the meaning of discrimination.

The Amnesty International case

The

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NEWS
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
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
RFC Seraing v FIFA, in which the Court of Justice of the EU (CJEU) reaffirmed that awards by the Court of Arbitration for Sport (CAS) may be reviewed by EU courts on public-policy grounds, is under examination in this week's NLJ by Dr Estelle Ivanova of Valloni Attorneys at Law, Zurich
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