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13 February 2019 / Shane Crawford
Issue: 7828 / Categories: Features , Employment
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Striking the balance or striking out?

When should the justice of case proceedings prevail over hardnosed case management practice? Shane Crawford investigates
  • On consideration of decisions during 2018, the Employment Appeal Tribunal has demonstrated that there is a fine line between firm case management and unjustified curtailment of the right to bring or advance a claim.

The steady increase in claims and the pressure on tribunals’ resources bring a sharper focus to the case management powers invested in judges during the preliminary stages of claims.

Robust use of case management powers in the hands of employment judges is a natural progression. On consideration of decisions during 2018, the Employment Appeal Tribunal (EAT) has, however, demonstrated that there is a fine line between firm case management and unjustified curtailment of the right to bring or advance a claim.

Managing the issues

Managing the extent of the issues in discrimination claims: In Tarn v Dr Hughes & Ors UKEAT/0064/18/DM, [2018] IRLR 1021, the claimant was required by the judge to choose the ten ‘most recent and serious’ events out of the many contained within 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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