Articles

3PB's Nick Kaplan reviews the decision in Grove Developments: for the Adjudication Society in an article called "Unloosening or tightening the Construction Act’s Gordian Knot?"

In Grove Developments, two of the construction world’s most esteemed Judges have, in their departing decisions before moving on to pastures new, now attempted to unloosen the Gordian Knot created by the amended Construction Act and Edwards-Stuart J’s decision in ISG.

This article seeks to assess the degree to which the decisions in Grove have unloosened that knot, or merely entangled us in other, related, difficulties. Further, it looks briefly at the recent decision of Stuart-Smith J in Davenport Builders which may, to mix my classical metaphors, indicate a way to chart a course between the Scylla of ISG and the Charybdis of Grove.

Forbes v LHR Airport Limited UKEAT/0174/18/DA: Offensive image shared on Facebook not ‘in the course of employment’ (s.109 Equality Act 2010) - An analysis by Daniel Brown.

Tillman v Egon Zehnder Ltd [2019] UKSC 32: The Supreme Court gives its view on restrictive covenants - an analysis by Daniel Brown

3PB's Karen Moss authors 'When is an employer deemed to have knowledge of a disability for the purpose of s.15 EqA 2010?'

3PB's employment law barrister Joseph England analyses whistleblowing case Dray Simpson v Cantor Fitzgerald.

Discrimination – Religion and belief – removal for expressing faith-based objection to same-sex adoption. Sarah Bowen analyses Mr Richard Page v NHS Trust Development Authority UKEAT/0183/18/DA

Series of deductions: a new chapter? Daniel Brown analyses Chief Constable of the Police Service of Northern Ireland & Northern Ireland Policing Board v Agnew & Others [2019] NICA 32

Perceived disability discrimination and future disabilities: Mark Green analyses The Chief Constable of Norfolk v Lisa Coffey [2019] EWCA Civ 1061.

Injury to feelings and the need to focus on the particular Claimant: Daniel Brown analyses Base Childrenswear Limited v Otshudi UKEAT/0267/18/JOJ

Equal pay – Constructive dismissal: Andrew MacPhail analyses BMC Software Limited v Ms A Shaikh [2019] EWCA Civ 267

Working time and time again: how to measure time? Matthew Curtis analyses the CJEU decision in Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE (C55-18)

Shared parental leave – Discrimination against men? Naomi Webber analyses Ali v Capita Customer Management Ltd, Chief Constable of Leicestershire v Hextall [2019] EWCA Civ 900