Articles

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger?

Sarah Clarke analyses K v L UKEAT/0014/18/JW.

Is a philosophical belief in Stoicism a protected belief under section 10 of the Equality Act? Yes it is, says London South Employment Tribunal.

Charlotte Hadfield analyses Mr S Jackson v Lidl Great Britain Ltd, Case Number 2302259/2019/V.

Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair?

Andrew MacPhail analyses Aramark (UK) Limited v Mr Fernandes UKEATS/0028/19/SS (13th March 2020).

3PB’s specialist family law barrister and Chair of the Western Circuit Women’s Forum (WCWF) Rachael Goodall sets out the WCWF’s proposals to mitigate the threat of significant and disproportionate attrition of women from the Bar due to the Coronavirus pandemic. Published in Counsel magazine October 2020 edition.

The remote witnessing of wills: a last resort
Lydia Pemberton examines The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 and its impact on the remote witnessing of wills.

Relocation dos and don'ts
Elisabeth Hudson reviews the dos and don'ts of children relocation.

SEND provision beyond 24 September 2020 - a brewing storm?
Caroline Stone examines the forthcoming changes to the SEND Regulations 2014.

Legislating in the time of Corona
Caroline Stone examines the Administrative Court’s recent decision in R (Amber Shaw (a child, by her mother and litigation friend Deanne Shaw) and ABC (a child, by his mother and litigation friend XYZ) in which two disabled children with EHC plans challenged decisions made by the Secretary of State for Education regarding SEND provision during the height of the pandemic.

Council wins Judicial Review challenge to academy order
Katherine Anderson reviews Somerset County Council v Secretary of State for Education [2020] EWHC 1675 (Admin).

“Low arousal” environments examined by the Upper Tribunal
Emma Waldron reviews JI and SP v Hertfordshire County Council (SEN), in which the Upper Tribunal examined whether sufficient reasons had been given by the First Tier Tribunal for rejecting expert evidence and for finding that a school could provide a “low arousal environment”.

Disability Discrimination in the Employment Tribunal: lessons for education lawyers
Sarah Bowen and Naomi Webber consider two recent appellate decisions (Khorochilova v Euro Rep Limited UKEAT/0266/19/DA and Robinson v DWP [2020] EWCA Civ 859) in respect of the provisions of the Equality Act 2010 (EqA) in relation to the protected characteristic of disability. Whilst the facts of the cases relate to the employment sector, the same definition of disability applies in the context of education. Accordingly, their principles are directly relevant and applicable to disability discrimination claims in education.

3PB's specialist commercial law barrister Neil Fawcett reviews The Financial Conduct Authority v Arch Insurance
(UK) Ltd. and ors [2020] EWHC 2448 (Comm) (“the Test Case”) and outlines what this means for other businesses with business interruption insurance.