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15 February 2013 / Ian Smith
Issue: 7548 / Categories: Features , Employment
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The blame game

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Ian Smith considers apportioning liability between respondents & the correct approach to Polkey

Highest on the recent newsworthiness index must be the decision of the European Court of Human Rights (ECtHR) in the Ladele et al litigation (Eweida and Chaplin v United Kingdom [2011] ECHR 738; Ladele and McFarlane v United Kingdom [2011] ECHR 737) on religious symbolry and objections to certain aspects of a job function. However, this column picks out two other, very different cases which raised difficult points of more prosaic employment law but with both appearing in the national press because of their facts. That factor gives them a unifying element but what most starkly divides them is their final outcomes—in one a lawyer who was unlawfully refused two posts she applied for on racial grounds received in excess of £420,000, whereas in the other a school playtime supervisor who lost her job due to a falling out with the school over a playground incident was eventually awarded £49.99. That is not to say that this is in itself illogical legally, but it does demonstrate the outer limits

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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