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05 November 2021 / Ian Smith
Issue: 7955 / Categories: Features
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Employment law brief: 5 November 2021

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Ian Smith leaves no stone unturned as he tackles rudeness, gross insubordination, stigmatisation, honour, reputation, & protected disclosure
  • Court of Appeal consideration of ‘substitution’ clauses in gig economy cases.
  • Adjudicating on a whistleblowing case—Employment Appeal Tribunal advice.
  • Disclosure—legal professional privilege and the ‘iniquity’ exception.
  • Anonymity orders—embarrassment/stigma not enough.

The four cases considered this month all contain useful guidance for tribunals and all the rest of us struggling blindly in the Stygian gloom of employment law. In the first, the Court of Appeal gave welcome consideration to the perennial problem of substitution clauses in cases on employment/worker status, and did so specifically in the context of gig economy working. In the second case the Employment Appeal Tribunal (EAT) strongly recommended a structured approach to adjudication in whistle blowing cases.

The third and fourth cases concerned matters of procedure, rather than substantive liability. In the third the EAT considered the ‘iniquity’ exception to professional privilege (coming to a conclusion that claimants’ representatives might find worrying), and in the fourth it gave a strong indication that normally an application for an anonymity order

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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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