Is there such a thing as a ‘bad apple’ principle in employment law? In this week’s NLJ, Ian Smith, barrister, emeritus professor of employment law at the Norwich Law School, UEA, covers four recent, important cases of value for practitioners
They span the requirement of causation in part-time worker less favourable treatment cases, and the best approach to incomplete documentation in an appeal. Smith’s employment law brief also covers vicarious liability of agents in whistleblowing cases and the position of job evaluation schemes in equal value cases.
On incomplete documentation, Smith writes that a 2023 amendment to the regulations ‘was to remedy the position whereby approximately a fifth of appeals to the EAT were in time but missing some documentation, taking up too much of the EAT’s time. The aim was therefore to relax the previous strictness in cases of partial failure to comply in a case where the appeal was otherwise in time… The holding of the Court of Appeal was that the EAT’s approach failed to give effect to this clear intent’.RELATED ARTICLES
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