header-logo header-logo

Line up

10094385_4

Ian Smith observes the plight of those seeking justice in employment tribunals

The cases commented on in this epistle are particularly diverse, and served to amuse those of us still at the coalface rather than in Tuscany during the dog days of the last month. The first concerns whistleblowing (in the context of human rights) and the second is another equal pay case making the point that ultimately the Equal Pay Act 1970 (EPA 1970) is there to secure equal pay, not fair wages (though in an unusual manner). The third and fourth cases illustrate the fundamental truth that you can go for years without a decision on a particular statutory provision and then suddenly have it brought back into focus.

Whistleblowing

Heinisch v Germany (App No 28274/08) concerned the potential application of Art 10 of the European Convention on Human Rights (the Convention) to a case of what in this jurisdiction would be considered whistleblowing. A geriatric nurse had made several complaints to the management about poor care standards and staff shortages. These were eventually backed by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll