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19 April 2013 / Ian Smith
Issue: 7556 / Categories: Features , Employment
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Piece by piece

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Although piecemeal, recent cases have made important contributions to employment law, reports Ian Smith

The cases covered this month are in a sense fairly eclectic and specific to individual points, rather than involving wider principles. However, what unites them is that they all make important contributions to their areas of employment law, albeit in a completely piecemeal manner. Thus, these five cases establish that: (i) the old control test for employment status is now not to be construed as requiring day-to-day control; (ii) there cannot in law be “industrial action” by just one person; (iii) if a tribunal wants to put an employee back into employment but on altered duties it cannot do so by an order for reinstatement; (iv) due to a drafting glitch in the Equality Act 2010 an action for victimisation cannot now be established on the basis of post-termination events; and (v) costs can be awarded to a successful claimant in respect of expenses incurred by his or her backing organisation (eg a law centre).

Control need not be day-to-day

Cases

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Shakespeare Martineau—David Vaughan

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Clarke Willmott—Latitude Law

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NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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