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29 June 2012 / Ian Smith
Issue: 7520 / Categories: Features , Employment
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Two wrongs...

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Ian Smith provides a round-up of the latest employment law decisions

Three Court of Appeal decisions are chosen for this month’s column and, as is so often the case in employment law, they could hardly be on more different subjects, though each is of considerable importance in its own sphere. The first concerns the common law doctrine of illegality, but in the special statutory context of discrimination claims where its application has always been subject to different rules. The second case seems to settle a loose end in relation to a problem that has arisen several times in recent years, namely whether an employee facing an internal disciplinary hearing can ever invoke rights under Art 6 of the European Convention, in particular a right to legal representation (which is deliberately omitted from the ACAS Code of Practice); the Supreme Court pronounced on this last year, but left undisturbed one particular Court of Appeal decision which, though on a slightly different point, was arguably out of line with the Supreme Court’s approach. It has now been

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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