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15 July 2022 / Ian Smith
Issue: 7987 / Categories: Features
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Employment law brief: 15 July 2022

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UNITEd we stand: Ian Smith rounds up the latest employment cases, covering collective bargaining, disability discrimination & defining ‘workers’
  • Offers made to workers to bypass collective bargaining—applying Kostal v Dunkley.
  • How to apply the ‘worker’ definition.
  • Applying the uplift for failure to comply with the ACAS Code of Practice.
  • Discrimination arising from disability—the relevance of the contract of employment.

The idea of structured decision-making is a mantra that has been with us for many years. Sometimes it comes from judicial administration training and guidance, but there is still room for it from courts and tribunals. The first three cases considered here show it being adopted by the Employment Appeal Tribunal (EAT) for the guidance of employment tribunals (ETs), covering the diverse areas of illegal bargaining offers, applying the ‘worker’ definition, and deciding whether to apply the statutory uplift of compensation for failure to comply with the Advisory, Conciliation and Arbitration Service (ACAS) Code of Practice. The fourth case makes a short but possibly important point of law on applying the proportionality test to discrimination arising from disability, concerning the

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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

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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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