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08 October 2009 / Ian Smith
Issue: 7388 / Categories: Features , Employment
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A legal treasure trove

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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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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