Articles

3PB barristers Craig Ludlow and Sarah Clarke analyse the latest employment law cases, covering March, April and May 2019:
•Time limits and the correct approach to the reasonable practicability of lodging ET claims when the previous fees regime was in place - Mr G Wray v Jewish Care (UKEAT/0193/18/JOJ)
•s.26 Harassment: The correct approach - Mr F Ahmed v The Cardinal Hume Academies (UKEAT/0196/18/RN)
•Criminal & Employer Investigations, Interim Injunctions & Mutual Trust and Confidence - North West Anglia NHS Foundation Trust v Andrew Gregg [2019] EWCA Civ 387
•S.15 Disability Discrimination based on mistaken belief - IForce Ltd v E Wood (UKEAT/0167/18/DA)
•Discrimination arising from disability/knowledge of dismissing officer and appeal officer - Baldeh v Churches Housing Association of Dudley & District Limited UKEAT/0290/18/JOJ
•Employee Suspension: Necessity or Reasonable and Proper cause? - The Mayor & Burgesses of the London Borough of Lambeth v Agoreyo [2019] EWCA Civ 322
•Compensatory rest break need not be an uninterrupted 20-minute period, even if such a break was in fact possible to provide - Network Rail Infrastructure Ltd v Crawford [2019] EWCA Civ 269
•TUPE transfer/sole or principal reason for dismissal/proximity of transfer - Hare Wines Ltd v Kaur [2019] EWCA Civ 216

3PB commercial barrister Max Schofield analyses the implications of the Court of Appeal’s judgment on Praesto Consulting v HMRC, in particular, when a company can reclaim the VAT for legal proceedings against its director.

This article was first published in the Tax Journal - www.taxjournal.com/.

“Fixing” the problems in cricket – How to do it: an analysis by Stephen Harvey QC

Joseph England publishes new book on NHS Whistleblowing and the Law
3PB is pleased to announce that employment barrister Joseph England has published a practitioners’ handbook for whistleblowing cases, focusing on the NHS.

Charlotte Hadfield provides a summary on Government guidance on vulnerable children published today (22 March). Children w/EHCPs will *not* automatically receive a school place - their eligibility will be subject to risk assessment. Required reading for SEND professionals.

Proving causation in periodontal disease claims: an analysis by 3PB Dental Negligence Specialist Sarah Mynard

Commercial update: Substituted service of bankruptcy petitions

The High Court has ruled that permission to serve a bankruptcy petition by a substituted means cannot be given retrospectively. Rebecca Farrell analyses the decision Ardawa v. Uppal and Jordan [2019] EWHC 456 (Ch) and considers how it changes the law.

Hugh-Guy Lorriman on Murdoch v Amesbury: Land Registry Adjudication and Jurisdiction

‘This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in Conveyancer and Property Lawyer Conv (2016) No. 4, at pp. 309-317, as ‘Murdoch v Amesbury: Land Registry adjudication and jurisdiction’, Conv (2016) 80 Conv., Issue 4 © Thomson Reuters (Professional) UK Limited and Contributors, and is reproduced by agreement with the publishers.

Commercial update - Richard Whitehouse: Scope of duty in professional negligence: the return of “advice” versus “information”
In the first case on scope of duty in professional negligence since BPE Solicitors v. Hughes-Holland, has the Court of Appeal returned to the classic distinction between ‘advice’ and ‘information’ cases? Richard Whitehouse analyses the recent decision in Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40.

Graham Gilbert examines the relevance of a proposed amendment to the Offensive Weapons Bill currently making its way through Parliament, which will seek to introduce “Knife Crime Prevention Orders".

Craig Ludlow analyses the latest employment cases, covering:

• Burden of proof in direct discrimination cases - Efobi v Royal Mail Group Ltd [2019] EWCA Civ 18
• Whistleblowing – failure to comply with legal obligation / public interest test - Ibrahim v HCA International Ltd UKEAT/0105/18/BA
• Equal Pay: Cross-establishment comparators - Asda Stores Ltd v Brierley & Others [2019] EWCA Civ 44
• Practice and Procedure – Case Management – Restricted Reporting Order / Anonymity - Y Ameyaw v PriceWaterhouseCoopers Services Ltd UKEAT/024418/LA
• Non-solicitation and non-competition clauses in employment contracts - Freshasia Foods Ltd v Jing Lu [2018] EWHC 3644 (Ch)
• Whistleblowing – protected disclosures – teachers – unfair dismissal – migrant work visas - K Gibson v (1) Hounslow London Borough Council (2) Crane Park Primary School UKEAT/0033/18/BA
• EAT Procedure: Reasonable Adjustments on Time Limits for Appeal - J v K & Anor & Equality & Human Rights Commission [2019] EWCA Civ 5

Cost Consequences of Accepting a Part 36 Offer late in former RTA and ELPL Protocol Claims – Problems with Hislop v Perde [2018] EWCA Civ 1726

In the joined cases of Hislop v Perde and Kaur v Committee (for the time being) of Ramgarhia Board Leicester [2018] EWCA Civ 1726, the Court of Appeal considered the question of the correct approach to costs in cases falling under the fixed costs regime in CPR Part 45 Section IIIA where a Part 36 offer is accepted after the expiry of the relevant period.

Section IIIA is the part of Part 45 which applies to cases no longer proceeding under the RTA and EL/PL Protocol (‘PAP’) such as those proceeding to Fast Track trial. The Court also provided a useful steer on the previously uncanvassed ‘exceptional circumstances’ test under CP45.29J, which provides a general gateway out of the fixed costs regime, and the test for indemnity costs, (see paragraphs 8 to 13 below).

Ikeni Mbako-Allison writes about the Court Of Appeal's approach.