Alex Leonhardt reviews the case of Mrs Kristie Higgs v Farmor’s School (The Archbishop’s Council of the Church of England intervening) EA-2020-000896-JOJ in which the EAT considers a case involving dismissal on the basis of the manner a protected belief was manifested by an employee in social media posts, and guidance on the question of proportionality in such cases.
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Katherine Anderson considers the case of Mrs N Moustache v Chelsea and Westminster NHS Foundation Trust: [2022] EAT 204 in which the ET failed to adjudicate upon a claim though its particulars set out sufficient information for it to be considered.
View ArticleLuke Nelson surveys the ‘lay of the land’, three months after the FRC Efficiency Statement. At its launch, the Efficiency Statement was heralded by some as a necessary step towards collaborative working in financial remedies. Others queried whether the front-loading brought about by its proposals would detrimentally affect relations between lay clients. Luke's article considers which side of the argument is borne out now.
View ArticleJo Laxton reviews Charalambous v National Bank of Greece [2023] EAT 75, a case in which the EAT had to decide if the process followed by the Respondent amounted to unfair dismissal.
View ArticleStephen Wyeth analyses United Taxis Ltd v (1) Mr R Comolly (2) Mr R Tidman - and - Mr R Tidman v (1) United Taxis Ltd v (2) Mr R Comolly [2023] EAT 93, a case in which the EAT considers whether a person can be an employee of one employer and a worker of another in respect of the same work, and confirms the need for careful analysis of the facts when determining employment status.
Stephen Wyeth acted for the successful respondent United Taxis.
View ArticleEmma Greening considers Mrs R Kealy v Westfield Community Development Association [2023] EAT 96. In this case concerning protected disclosures a defective List of Issues led to a serious misapplication of the law. The EAT’s judgment is an illustrated warning that the List of Issues can play a pivotal role in the ETs decision-making and that we should take great care not to shortcut or summarise our way through drafting these documents.
View ArticleSarah Clarke on the case of Pilkington v Jones [2023] EAT 90, which serves as a warning to employers to very carefully consider the dismissal of an employee in cases of potential malingering as they could unwittingly find themselves facing a successful section 15 claim.
View ArticleAlexander Whatley analyses the case of Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 1637 (Comm), a case in which the High Court had to consider if the original, contractual agreement between the two parties or the incorrect invoice issued by the supplier was to take primacy in this commercial dispute.
View ArticleMichelle Marnham and future 3PB Pupil Jeremy Warner analyse MXX v A Secondary School [2023] EWCA Civ 996, a case concerned with the grooming of a minor, in which the Court of Appeal clarified that work experience can be a relationship akin to employment for the purpose of vicarious liability. The Court confirmed the difficulty to satisfy the “close connection” test, which requires for the tort and the employment of the tortfeasor to be “inextricably woven”.
View ArticleKatherine Anderson analyses AECOM Limited v Mallon [2023] EAT 104, a case in which the EAT provides a useful review of the authorities on what reasonable enquiries an employer should make of a disabled job applicant.
View ArticleGrace Holden considers Owen v Network Rail Infrastructure Ltd [2023] EAT 106, a case in which the EAT ultimately confirms previous decisions of the EAT that the lack of an explanation as to why a claim is brought late is not a pre-requisite to extension of time being granted, but is of particular relevance.
The judgment provides useful learning points and reminders for practitioners dealing with just and equitable time extension arguments.
View ArticleNicola Frost examines if the court should automatically disregard pre-nuptial agreements that fail to adhere to the ‘28-Day Rule’, in this article first published in Family Law.
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