header-logo header-logo

02 September 2011 / Ian Smith
Issue: 7479 / Categories: Features , Employment
printer mail-detail

Does it work?

78396107_4

Ian Smith surveys the latest developments in the employment law pipeline

This year has seen a quite remarkable number of employment related cases being given leave to appeal to the Supreme Court. Our highest court has made four judgments recently. Home Office v Tariq [2011] UKSC 35, [2011] All ER (D) 108 (Jul) is the least likely to trouble the high street solicitor in Truro, concerning as it did the rarified (but politically contentious) question of the legality of the special advocate procedure for national security cases. The result was not just a full endorsement of that procedure but also a holding that (contrary to the view of the Court of Appeal) there is no overarching requirement to give the claimant and his lawyers enough information to establish the “gist” of the allegations against him. The other three decisions concern the much more everyday issues of “sham” contracts, the unfair dismissal rights of those working abroad and the meaning of “employee” in discrimination law.

Ignoring unrealistic terms

The Supreme Court have given judgment in Autoclenz Ltd v Belcher [2011] UKSC 41, [2011]

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll