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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

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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