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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

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
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