Employment
Mruke v Khan [2018] EWCA Civ 280 [2018] All ER (D) 16 (Mar)
The Employment Tribunal had not erred by confusing the motive for employing the employee with the issue of what characteristics should be attributed to the hypothetical comparator under the Race Relations Act 1976. The Court of Appeal, Civil Division, further held that the decision of the ET on constructive dismissal was perverse and substituted a decision that the employee had been unfairly dismissed by the respondent.
Family proceedings
Re A-F (children) (care orders: restrictions on liberty) [2018] EWHC 138 (Fam) [2018] All ER (D) 21 (Feb)
The present test cases raised various substantive and procedural questions in relation to the interface between care proceedings brought in the Family Court, pursuant to Pt IV of the Children Act 1989, and the requirements of art 5 of the European Convention on Human Rights. The Family Division held that the situation of the young or very young did not involve a confinement, gave a rule of thumb on at what point in the child’s development a child became confined, and gave guidance
