Articles

The Court of Appeal clarifies the correct test to apply when a tribunal is considering whether or not to make an order for re-engagement when the employer argues that the trust and confidence has broken down.

Specialist employment law barrister Sarah Clarke analyses Kelly v PGA European Tour [2021] EWCA Civ 559.

Specialist commercial law barrister Richard Whitehouse presented a webinar alongside Jack Webb on 22nd April 2021. The webinar examines the impact of Brexit and the pandemic on litigation. Richard's notes are available to read here.

Watch the webinar on  impact of Brexit and the pandemic on litigation here.

Gareth Graham and Matthew Curtis examine the options in this employment law webinar first broadcast on 21 April 2021 and look at the potential pitfalls for businesses looking to make redundancies or organisational changes due to pressures caused by reduced activity.

Read their notes and answers to the most common questions received.

Watch the webinar on 'Preparing to trade in a post-pandemic economy: options available to employers facing uncertain times here.

Specialist employment law barrister Mathew Gullick QC analyses the UK Supreme Court's judgment of 19 March 2021, which completed many years of litigation over the issue of whether “sleep-in” workers were entitled to be paid the National Minimum Wage (NMW) during the whole of the periods when they were required to be at work but were permitted to be asleep.

Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44

Employment law barrister Simon Tibbitts analyses the judgment of the Supreme Court handed down on Friday, 26th March, outlining  the clarity the case provides on the approach and principles to be adopted when dealing with cross-establishment comparisons in Equal Pay claims.

Simon highlights the clarity the Judgment brings and suggests large employers would be well advised to review their pay structures.

Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA

Specialist employment barrister Sarah Clarke analyses the EAT's decision in Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA , in which Mr Justice Choudhury considers whether a worker is entitled to a payment in lieu of annual leave upon termination, whether such leave was taken or not, in circumstances where the respondent did not provide any paid annual leave during the relationship.

Mallon v AECOM Ltd, UKEAT/0175/20/LA (V)

Employment and civil law barrister Alex Leonhardt analyses Mallon v AECOM Ltd, UKEAT/0175/20/LA (V), a case in which the EAT again urged caution in the use of strike-out applications in discrimination cases, and warned against only considering the first of the three duties under s20 of the Equality Act in reasonable adjustment claims.

L v 1) X 2) Z & 3) E UKEAT/0080/20/RN

Employment law barrister Katherine Anderson reviews L v 1) X 2) Z & 3) E UKEAT/0080/20/RN and examines the principles considered by the EAT in determining whether there was “conduct extending over a period” for the purposes of section 123 of the Equality Act 2010.

Alice de Coverley and Alex Leonhardt analyse how the tricky, balancing questions around children’s rights, school uniforms and school discipline have been dealt with by the Courts.

This article also appeared in the Education Law Monitor.

R (L, M, P) v Devon County Council [2021] EWCA Civ

Jennifer Agyekum analyses R (L, M, P) v Devon County Council [2021] EWCA Civ, a case in which the Administrative Court is due to have the final word on the correct interpretation of the timescales for issuing a Final EHCP.

Emma Waldron reflects on the last 12 months of virtual hearings in the SEND Tribunal and looks at the many benefits as well as the disadvantages of the "new normal".

John Friel examines the issue of dealing with disabled adults or disabled young persons who give evidence either as Appellants or where the young person is giving evidence in their own case, although the parent is conducting the appeal on their behalf, or the parent is the Appellant.