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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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