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Employment law brief: 5 November 2021

05 November 2021 / Ian Smith
Issue: 7955 / Categories: Features
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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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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