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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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