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20 January 2023 / Ian Smith
Issue: 8009 / Categories: Features , Employment , Disciplinary&grievance procedures , Covid-19
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Employment law brief: 20 January 2023

107047
Ian Smith is back with a bang, rounding up the latest employment updates including COVID fears in the workplace & claims submitted one day out of time
  • Health and safety protection: unfair dismissal and COVID fears.
  • Applying the just and equitable extension of time.
  • Problems with ruling on admissibility of evidence at a preliminary stage.

Just before the Christmas break, the Court of Appeal handed down its judgment in a case that had been awaited by employment lawyers, concerning the operation of a potentially relevant piece of legislation in COVID-related cases. Ultimately the question was whether an employee dismissed for refusing to return to work for fear of infection could claim the protection of the special unfair dismissal provisions on dismissal for health and safety-connected reasons. We had already had of course the Employment Appeal Tribunal (EAT) decision (the first at appellate level), but it was possible to argue that that decision was largely on factual issues, leaving much to be examined in more detail. That has now happened on further appeal.

The other two cases

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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