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03 November 2017 / Ian Smith
Issue: 7768 / Categories: Features , Employment
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Employment law brief: 3 November 2017

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Ian Smith shuns immunity & considers three recent judgments which make important contributions to the development of the law

  • How does whistleblowing law apply in an ‘Iago case’?
  • How wide is the protection for job applicants with a history of trade union involvement?
  • How does TUPE apply to tort liabilities?

Immunities are not currently in fashion and are increasingly open to challenge under EU and/or human rights law. Last month three Supreme Court cases narrowed three different ones significantly in the employment law context:

  • in Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62, [2017] All ER (D) 84 (Oct) state immunity did not save foreign legations from tribunal action by a domestic employee alleging bad treatment;
  • in Reyes v al-Maliki [2017] UKSC 61, [2017] All ER (D) 85 (Oct) diplomatic immunity was narrowed to allow a claim against a diplomat for bad treatment of a domestic employee in his own home (with allegations of modern slavery too), at least once his diplomatic post had ended; and
  • in P v Commissioner of Police for the Metropolis
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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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