Emma 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.
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Alex 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.
View ArticleDaniel Brown on the case of Boohene & Others v The Royal Parks Ltd [2024] EWCA Civ 583, which highlights what can go wrong in indirect discrimination claims when careful analysis of the issues and the inclusion of evidence to prove the case are missing.
This case also offers a useful analysis of the scope of s.41 Equality Act 2010 (‘EqA 2010’) (liability of principals in relation to contract workers).
View ArticleEmma Waldron provides a roundup of some of the major policies set to be implemented under the new Labour government, and what the changes could mean for education law practitioners.
View ArticleMatthew Wyard analyses the Upper Tribunal's decision in MM (as alternative person for C) v Royal Borough of Greenwich [2024] UKUT 179 (AAC) and the UT's updated guidance on mental capacity and the First tier Tribunal’s jurisdiction to make health and social care recommendations
Matthew represented the successful appellant, instructed by Geldards LLP.
View ArticleJohn Friel considers how to make the best use of the recent legal developments on recommendations made under the SENDIST’s extended appeals jurisdiction when such recommendations are rejected by a local authority.
View ArticleAlex Leonhardt reflects on the High Court's refusal to grant a Group Litigation Order to UCL students' claim for disrupted learning during the Covid pandemic and possible implications for other higher education providers.
View ArticleEmma Waldron on the case of Hampshire County Council v (1) GC (2) GC (SEND): [2024] UKUT 128 (AAC) and the decision by a local authority to cease to maintain the EHC Plan of a child who had moved abroad.
View ArticleAlice de Coverley and Sunyana Sharma examine the decision of the Care Standards Tribunal in Mrs EI v Suffolk Childcare Agency [2024] UKFTT 00429 (HESC) in the first known case regarding the appeal of a suspension decision by a childminder agency, other than Ofsted.
Alice de Coverley, instructed by DAC Beachcroft, represented the Respondent, and Sunyana Sharma, also from 3PB, represented the Appellant, instructed by Stephensons.
View ArticleMathew Gullick KC analyses the case of HMRC v Lees of Scotland Ltd [2024] EAT 120, a reminder that even the best-intentioned employers can be found in breach of the National Minimum Wage legislation when they make deductions from their workers’ pay.
View ArticleNaomi Webber reviews the case of Masiero & others v Barchester Healthcare PLC [2024] EAT 112, which highlights that reasonable business requirement to change terms of employment and reasonable reasons to refuse them are not mutually exclusive.
Naomi also outlines the correct approach to be taken where human rights are engaged and part of the relevant factors to be considered in the context of dismissals.
View ArticleDaniel Brown considers the case of Ridley & Others v HB Kirtley t/a Queen’s Court Business Centre & Others [2024] EWCA Civ 884, in which the Court of Appeal examined if notices of appeal received on time by the EAT - but from which some of the required supporting documents were missing - should have been granted an appeal.
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