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13 February 2019 / Shane Crawford
Issue: 7828 / Categories: Features , Employment
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Striking the balance or striking out?

When should the justice of case proceedings prevail over hardnosed case management practice? Shane Crawford investigates
  • On consideration of decisions during 2018, the Employment Appeal Tribunal has demonstrated that there is a fine line between firm case management and unjustified curtailment of the right to bring or advance a claim.

The steady increase in claims and the pressure on tribunals’ resources bring a sharper focus to the case management powers invested in judges during the preliminary stages of claims.

Robust use of case management powers in the hands of employment judges is a natural progression. On consideration of decisions during 2018, the Employment Appeal Tribunal (EAT) has, however, demonstrated that there is a fine line between firm case management and unjustified curtailment of the right to bring or advance a claim.

Managing the issues

Managing the extent of the issues in discrimination claims: In Tarn v Dr Hughes & Ors UKEAT/0064/18/DM, [2018] IRLR 1021, the claimant was required by the judge to choose the ten ‘most recent and serious’

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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