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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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    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
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