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29 September 2016 / Ian Smith
Issue: 7716 / Categories: Features , Employment
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Employment law brief: 29 September 2016

nlj_7716_smith_employment

Ian Smith tackles matters of procedure

  • Extension of time where advisers at fault.
  • ET rule on rejection of a claim ruled ultra vires.
  • Disabilty cases—making reasonable adjustments for the hearing.
  • Giving reasons in an indirect discrimination case.

As your humble author was lazily floating in the balmy waters of the North Sea off Southwold beach one day in our scorchio August (sorry—that had to go in because it may not be possible to say it for another decade) he thought what a good idea it would be for one of these columns to concentrate purely on matters of procedure (the Cinderella subject of employment law) rather than substance. This primarily shows what a saddo your humble author is (even before getting to Dr Who and Robot Wars ), but lo it came to pass that that is what has happened this month. Of the following four cases below, three concern matters ever likely to arise in tribunal litigation, with the fourth being a highly unusual case of a rule of procedure being held to be ultra vires.

“The test

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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