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05 May 2021 / Ian Smith
Issue: 7931 / Categories: Features , Employment , Tribunals , Litigants in person
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Employment law brief: 7 May 2021

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In this month’s brief, Ian Smith serves up some insight into items which are always on the employment law menu
  • Are foster carers workers?
  • Constructive dismissal: too late to make amends.
  • Striking out a litigant in person’s case.

Employment status is always on the menu in employment law. The first case considered this month addresses ‘worker’ status, but with two twists—it arose in the context of trade union law, and its subject is the very unusual legal position of foster carers. The Court of Appeal has come down in their favour, stressing how specific to their case the decision is, but encouragement is given to appeal further to the Supreme Court where the gloves would be off and reconsideration could be given to their position in the law generally, possibly leading to the extension to them of employment rights generally. The second case addresses a potentially important issue in human relations practice—if management has behaved badly to an employee who is threatening to leave and claim constructive dismissal, up to what point can the employer (ie

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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