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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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