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09 May 2019 / Ian Smith
Issue: 7839 / Categories: Features , Employment
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Employment law brief: 9 May 2019

Ian Smith cleans up the latest tribunal cases & considers the importance of acting in time & the difficulty of washing off reputational harm

  • Potential equal pay arrears can be claimed as a guaranteed debt.
  • Extension of time and the old fees regime.
  • Striking out in the case of a litigant in person.
  • Restricted reporting orders and individual respondents.
  •  

    Of the four cases considered this month, only one concerned a point of substantive law, namely whether potential arrears under an ongoing equal pay claim can be claimed on the employer’s insolvency from the secretary of state as a guaranteed debt; the Court of Appeal has upheld in full the earlier important Employment Appeal Tribunal (EAT) decision on this unusual, abstruse but possibly important point. The other three cases concerned procedural matters of a wide scope, covering extensions of time based on the effects of the old fees regime, the exercise of an employment tribunal’s (ET’s) strike-out power in the case of a litigant in person, and the perennially difficult question of adjudicating on an application for a restricted

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    MOVERS & SHAKERS

    Hogan Lovells—Lisa Quelch

    Hogan Lovells—Lisa Quelch

    Partner hire strengthens global infrastructure and energy financing practice

    Sherrards—Jan Kunstyr

    Sherrards—Jan Kunstyr

    Legal director bolsters international expertise in dispute resolution team

    Muckle LLP—Stacey Brown

    Muckle LLP—Stacey Brown

    Corporate governance and company law specialist joins the team

    NEWS

    NOTICE UNDER THE TRUSTEE ACT 1925

    HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

    NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
    Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
    From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
    Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
    Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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