Articles

Naomi Webber considers the first case relating to Covid-19 and s.100(1)(d) of the Employment Rights Act 1996 to reach the Court of Appeal,  Rodgers v Leeds Laser Cutting [2022]. The case determines the employers liability in relation to serious and imminent danger claims from an employee during the pandemic.

3PB Pupil Barrister Emma Greening discusses the case Health & Safety Executive v Mr M Jowett[2022], and documents from claimant's previous employment with the respondent being  admissible in respect of remedy.

Karen Moss looks at the case Sarah Garrod v Riverstone Management Ltd [2022] where an employee’s grievance which was based on bullying, harassment and maternity discrimination constituted an "existing dispute" for the purpose of the "without prejudice" (WP) rule.

Joseph England analyses the Court of Appeal's analysis in Arvunescu that considers what wording is needed to settle a claim not yet issued.

Ashley Blood-Halvorsen discusses the case of Reed v Boswell (2022), a recent case involving a dispute between landlords over a common tenant, in which she represented the Defendant. Ashley’s article explores the proceedings of the case, offering advice to potential parties who are bringing or defending cases based on dishonesty, and legal representatives who are dealing with a difficult litigant in person.

Mariya analyses the case DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd [2022] EWCA Civ 1555)  in relation to the "separability principle" in arbitration agreements.

Andrew MacPhail looks at the case of Ellis v Bacon and Advanced Fire Solutions Ltd [2022], in which an appeal was allowed by the EAT against the original Employment Tribunal’s ruling that an employee was discriminated against due to her marital status.

3PB personal injury and clinical negligence barrister Sharan Sanghera comments on a recent case regarding healthcare enabled fraud in claims for psychological injury arising from road traffic accidents.

Sarah Bowen looks at the complex and constantly evolving area of discrimination law and how cases this year have provided clarification, enforcement and development of the legal principles underpinning claims under the Equality Act 2020.

Paul Newman considers the recent case of Hertfordshire CC v Mother & Father & Others [2022] EWFC 106 and the duty of experts.

Emma Greening summarises the case of Mr J Hilaire v Luton Borough Council [2022] EAT 166, in which the EAT concluded that an appeal could not succeed based on the fact that the ET were best placed to conclude it was not the effects of disability which prevented the claimant's compliance with a PCP, rather it was a choice he made.

Alex Leonhardt analyses the case of Nexus v RMT & Unite the Union [2022] EWCA Civ 1408, in which the Court of Appeal considered the application of the contractual doctrine of mistake - both common mistake and unilateral mistake - in the context of a collective bargaining agreement, and its potential consideration by Employment Tribunals.