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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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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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