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Piece by piece

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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