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05 July 2024
Issue: 8078 / Categories: Legal News , Procedure & practice , Employment , Tribunals
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NLJ this week: Minor errors—from misery to forgiveness?

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Some errors are small and forgivable, but whether this is so may depend on the judge

In this week’s NLJ, Ffyon Reilly, barrister at No5 Barristers’ Chambers and senior lecturer at City Law School, takes a look at judicial discretion in the employment tribunals.

Reilly considers case law around rule 37, which requires an appeal to be instituted within 42 days. Subsections refer to minor infractions and the recommended course of judicial action.

Reilly covers amendments to the rules, as well as cases illustrating how courts have responded to various minor errors. She writes: ‘This unforgiving set of rules was applied uniformly to provide what the Court of Appeal described in Jurkowska… as an “equality of misery”, when looking at examples of having to refuse to waive delays of mere minutes or hours in filing “where they would not have hesitated to enlarge time had there been a similar lapse in filing the papers in the Civil Appeals Office”.’

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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