Following the announcement of a General Election to take place on 4 July 2024, Andrew MacPhail explores whether we can expect a greater number of unfair dismissal claims from the end of 2024 by virtue of Labour’s planned changes to workplace rights.
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Naomi Webber reviews Mr Martin Groom v Maritime and Coastguard Agency [2024] EAT 71, in which the EAT found that a volunteer was a worker, in circumstances where he received remuneration for his activities as a coastal rescue officer.
The case confirms that ‘volunteer’ is not a term of art (or law), and each relationship will have to be considered on its own facts.
View ArticleRobin Pickard considers the case of Z v Y [2024] EAT 63, which addresses the importance of accurately identifying a litigant in person’s pleaded claims and ensuring that lists of issues mirror the pleadings.
The case also provides a useful recap of the principles that govern “conduct extending over a period” under s.123(3)(a) of the Equality Act 2010.
View ArticleOliver Hirsch examines when defendants' claims of unlawful use of force by police officers can be substantiated, with due regard to the powers available to police officers in s.117 PACE 1984, and the rights to use reasonable force available to all citizens.
View ArticleIn answering what would happen if a defendant, having pleaded guilty, was later discovered to be unfit, Kate Davies considers the judgments in Ismael and Marcantoni.
View ArticleMatthew Wyard writes about the Upper Tribunal's decision in MM (as alternative person for C) v Royal Borough of Greenwich [2024] UKUT 179 (AAC), and the important points the judgment raises in relation to the conduct of proceedings before the SEND Tribunal when impaired litigation capacity is being considered.
Matthew represented the successful appellant.
View ArticleIn the wake of The W v Hertfordshire CC [2023] EWHC 3138 (Admin) litigation, Jim Hirschmann considers the role that strategic policy based Judicial Reviews can have in helping guarantee good governance in accordance with the rule of law.
View ArticleBen Amunwa analyses the case of Adekoya & Ors v Heathrow Express Operating Company Ltd [2024] EAT 72, which found that the Employment Tribunal erred when it dismissed the claimants’ claims for breach of contract challenging the withdrawal of post-termination travel benefits from them in reliance on a contractual agreement that had not been sent to the claimants.
Ben considers the resulting practical implications for practitioners, employers and employees.
View ArticleGrace Holden reviews Parmar v Leicester City Council [2024] EAT 85, a race discrimination case in which the EAT provides a useful summary of the principles applicable when considering the shifting burden of proof under s136 Equality Act 2010 (‘EqA’).
Grace also provides some tips to remember when bringing an appeal.
View ArticleRobin Pickard considers Ballerino v The Racecourse Association Ltd [2024] EAT 98, a case which highlights the legal difference between a business reorganisation and a redundancy; and the care that the ET and practitioners need to take when approaching redundancy situations in the context of a claim for maternity discrimination.
Robin acted for the successful claimant in the EAT.
View ArticleEmma Greening reviews the case of NSL Ltd v Mr P Zaluski [2024] EAT 86, which addresses the factors the tribunal should balance when considering an objective justification defence in an indirect discrimination claim. The case confirms the focus of the analysis must be on group disadvantage as weighed against employer need.
View ArticleAlex Leonhardt analyses Christopher Watson v Wallwork Nelson Johnson & Anor [2024] EAT 105, a case concerned with employment status, in which the EAT sets out a thorough statement of the relevant principles in determining the existence of an employment relationship against the background of a potential partnership.
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