Articles

Alice de Coverley and Sunyana Sharma examine the decision of the Care Standards Tribunal in Mrs EI v Suffolk Childcare Agency [2024] UKFTT 00429 (HESC) in the first known case regarding the appeal of a suspension decision by a childminder agency, other than Ofsted.

Alice de Coverley, instructed by DAC Beachcroft, represented the Respondent, and Sunyana Sharma, also from 3PB, represented the Appellant, instructed by Stephensons.

In the wake of The W v Hertfordshire CC [2023] EWHC 3138 (Admin) litigation, Jim Hirschmann considers the role that strategic policy based Judicial Reviews can have in helping guarantee good governance in accordance with the rule of law.

John Friel considers how to make the best use of the recent legal developments on recommendations made under the SENDIST’s extended appeals jurisdiction when such recommendations are rejected by a local authority.

Emma Waldron provides a roundup of some of the major policies set to be implemented under the new Labour government, and what the changes could mean for education law practitioners.

Emma Waldron on the case of Hampshire County Council v (1) GC (2) GC (SEND): [2024] UKUT 128 (AAC) and the decision by a local authority to cease to maintain the EHC Plan of a child who had moved abroad.

Alex Leonhardt analyses Christopher Watson v Wallwork Nelson Johnson & Anor [2024] EAT 105, a case concerned with employment status, in which the EAT sets out a thorough statement of the relevant principles in determining the existence of an employment relationship against the background of a potential partnership.

Daniel Brown on the case of Boohene & Others v The Royal Parks Ltd [2024] EWCA Civ 583, which highlights what can go wrong in indirect discrimination claims when careful analysis of the issues and the inclusion of evidence to prove the case are missing.

This case also offers a useful analysis of the scope of s.41 Equality Act 2010 (‘EqA 2010’) (liability of principals in relation to contract workers).

3PB expert commercial, costs and property law barrister Cheryl Jones and pupil barrister Jack Felvus have written on the relevance of Part 36 offers in the legal costs arising from probate litigation.

Robin Pickard considers Ballerino v The Racecourse Association Ltd [2024] EAT 98, a case which highlights the legal difference between a business reorganisation and a redundancy; and the care that the ET and practitioners need to take when approaching redundancy situations in the context of a claim for maternity discrimination.

Robin acted for the successful claimant in the EAT.

Emma Greening reviews the case of NSL Ltd v Mr P Zaluski [2024] EAT 86, which addresses the factors the tribunal should balance when considering an objective justification defence in an indirect discrimination claim.  The case confirms the focus of the analysis must be on group disadvantage as weighed against employer need.

Ben Amunwa analyses the case of Adekoya & Ors v Heathrow Express Operating Company Ltd [2024] EAT 72, which found that the Employment Tribunal erred when it dismissed the claimants’ claims for breach of contract challenging the withdrawal of post-termination travel benefits from them in reliance on a contractual agreement that had not been sent to the claimants.

Ben considers the resulting practical implications for practitioners, employers and employees.

Grace Holden reviews Parmar v Leicester City Council [2024] EAT 85, a race discrimination case in which the EAT provides a useful summary of the principles applicable when considering the shifting burden of proof under s136 Equality Act 2010 (‘EqA’).

Grace also provides some tips to remember when bringing an appeal.