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10 February 2021 / Ian Smith
Issue: 7920 / Categories: Features , Employment
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Employment law brief: 12 February 2021

38897
Internal procedures, constructive dismissals & the slippery slope of indirect discrimination: Ian Smith offers some expert tuition
  • Using internal procedures does not rule out a later constructive dismissal claim.
  • Court of Appeal rules on how to deal with a request to extend time in a discrimination case.
  • Two helpful examples of indirect sex discrimination cases.

The first case considered in this brief is an important one in practice for employees faced with really bad treatment by the employer, potentially unacceptable, but wanting to at least try to resolve matters internally before walking out and losing their job: if they use the employer’s grievance or appeal procedure, do they thereby jeopardise their right to claim constructive dismissal? The second case, on how to adjudicate on an application to extend the time limit for a discrimination claim, shares one aspect with the first case, namely that the answer has been uncertain for some time, given the importance of the questions. The Employment Appeal Tribunal (EAT) has (hopefully) resolved the first question, and the Court of Appeal has definitely resolved

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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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