Cost plus: still alive and kicking?
Matthew Curtis analyses Heskett v Secretary of State for Justice [2020] EWCA Civ 1487, a case likely to make it easier for employers to prove they have a legitimate aim in age discrimination cases.
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The strictness of contractual appeal time limits
Matthew Curtis analyses Joseph v Deloitte NSE LLP [2020] EWCA Civ, and reminds us that where contractual rights of appeal are involved, it is essential to get the appeal in within the time specified in the contract, even in if the employer has delayed another part of the process.
How representatives should best prepare for an application to amend
Andrew MacPhail reviews Mrs G Vaughan Modality Partnership UKEAT/0147/20/BA and its implications on how representatives should prepare for an application to amend.
Restriction of Public Sector Exit Payments Regulations 2020
Lachlan Wilson analyses the Restriction of Public Sector Exit Payments Regulations 2020 (SI 2020/1122) which apply from 4 November 2020 to cap exit payments in the public sector to a maximum of £95,000.
A case of age and indirect discrimination
Lachlan Wilson provides an update on Ryan v South West Ambulance Services NHS Trust, an important and timely age discrimination and indirect discrimination case involving a Claimant in her 60s, who alleged that she was indirectly discriminated against and missed on promotion because she was not in the Respondent's "Talent Pool".
A case on practice and procedure
Lachlan Wilson reflects on C v D, a case on practice and procedure involving an appeal against a refusal to allow amendments to add claims of harassment and reasonable adjustments.
Naomi Webber analyses Steer v Stormsure Ltd UKEAT/0216/20/AT, a case which could well add another tool in the armoury for claimants bringing in claims for discriminatory dismissals.
View ArticleFaizul Azman reviews Angard Staffing Solutions Limited and anor v Kocur and anor on the interpretation of regulation 13(1) of the Agency Workers Regulations 2010 – the right to be informed of a relevant vacant post with the hirer, and to give that agency worker the same opportunity as a comparable worker to find permanent employment with the hirer.
View ArticleKaren Moss examines Quilter Private Client Advisers v Falconer and Continuum (Financial Services) LLP [2020] EWHC 3294 (QB), a case regarding the enforceability of restrictive covenants, including the public interest element and interesting findings about affirmation in a constructive wrongful dismissal claim.
View ArticleOver 10 years on from Radmacher v Granantino, with pre-nuptial agreements still not guaranteed to be upheld in court, Nicola Frost offers her best recipe to make them binding.
View ArticleAntonietta Grasso considers the recent case of Ficcara & Others v James [2021] UKUT 0038 (LC), [2021] All ER (D) 30 (Mar), in which the tenants raised the issue of the interpretation of sections 40, 43 and 44 HPA2016 and whether the multiplicity of offences by a landlord should result in multiple rent repayment orders.
View ArticleLeeds and Yorkshire Housing Association Limited v Fothergill UKEAT/0211/20/LA
Karen Moss represented the successful Appellant before the EAT on 28th January 2021 and judgment was read out on 5th February 2021. Read Karen's analysis of Leeds and Yorkshire Housing Association Limited v Fothergill UKEAT/0211/20/LA here.
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