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Katherine Anderson has edited 海角破解版's latest Employment & Discrimination newsletter, including contributions from Sarah Clarke, Simon Tibbitts and聽Grace Nicholls. Cases reviewed are: Jesudason v Alder Hey Children鈥檚 NHS Foundation Trust [2020] EWCA Civ 73 - Whistle-blowers beware: just because there is a PD doesn鈥檛 necessarily mean that the employer can鈥檛 respond (and damage your reputation) in order to 鈥榮et the record straight鈥 Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasim UKEAT/0106/19/RN - Illegality...
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Stephen Wyeth has edited 海角破解版's latest Employment & Discrimination newsletter, including contributions from Sarah Clarke, Katherine Anderson, Naomi Webber, Grace Nicholls. Cases reviewed are: Q v Secretary of State for Justice UKEAT/0120/19/JOJ - When are Article 8 rights engaged in the context of an unfair dismissal claim and how should the engagement of such rights be approached by the tribunal? Duncan Lewis Solicitors v Puar UKEAT/0175/19/RN - Strike Out: seriousness of default and possibility of...
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Sarah Clarke analyses Chowdhury v Marsh Farm Futures, following her successful appearance in the EAT
Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O鈥機athail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA, siding with specialist employment barrister Sarah Clarke. Click here to read Sarah's analysis of the case. Sarah Clarke is an experienced advocate, specialising in Employment law.聽 Typical...
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Lachlan Wilson and Mathew Gullick edit 海角破解版's latest Employment & Discrimination newsletter, including contributions from Sarah Clarke. Case summaries cover: L v Q Ltd, [2019] EWCA Civ 1417 - The Court of Appeal affirms the importance of the principle of open justice in the context of Employment Tribunals, doubts whether there would ever be grounds (in a case not involving national security) for withholding publication of an ET judgment altogether, and refuses a disabled litigant鈥檚...
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海角破解版 barristers Craig Ludlow and Sarah Clarke analyse the latest employment law cases, covering March, April and May 2019. Click here to read their analysis. Time limits and the correct approach to the reasonable practicability of lodging ET claims when the previous fees regime was in place - 聽Mr G Wray v Jewish Care (UKEAT/0193/18/JOJ) s.26 Harassment: The correct approach - 聽Mr F Ahmed v The Cardinal Hume Academies (UKEAT/0196/18/RN) Criminal & Employer Investigations, Interim...
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The Personal Injury team has published its latest update including the latest on the Commons amendments regarding the Civil Liability Bill as considered by the House of Lords in November 2018. Read the full update here
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海角破解版 Employment barrister Sarah Clarke analyses the latest employment law cases, covering: An employee can still rely on the victimisation legislation even where the allegations were untrue AND there was an ulterior motive for making the allegations, according to the EAT鈥檚 decision in Saad v Southampton University Hospitals NHS Trust UKEAT/0276/17/JOJ Can a lengthy notice period constitute affirmation of the employment contract? Yes, say the High Court in Brown & another v Neon Management &...
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海角破解版 Employment barrister Sarah Clarke analyses the latest employment law cases, covering: What constitutes 鈥榠nformation鈥 in the context of making a protected disclosure? Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436 When determining the amount of one鈥檚 holiday pay, should regular voluntary overtime be included? In the context of the NHS, should non-guaranteed and voluntary overtime be included? Yes to both, says the EAT: Flowers v East of England Ambulance Trust UKEAT/0235/17/JOJ Can...
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Sarah Clarke succeeds in 3-day High Court trial in a claim for lost profits and loss of a chance. Sarah acted for a financial advisory firm who had brought claims against a former employee who had moved to a competitor. It was held that the Defendant had breached various terms of his employment contract, including a non-solicit clause, and that this had caused the Claimant to lose the chance of securing business from various prospective...
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Following the Welsh Rugby Union's scrapping of the so called 鈥楪atland鈥檚 Law鈥 with the result that a number of star players possibly missing out on future international fixtures, including the 2019 Rugby World Cup, 海角破解版 employment barrister Sarah Clarke and Royds Withy King commercial partner Chris Kane examine if the聽Welsh Rugby Union new selection policy amounts to聽indirect age discrimination. To read their analysis, please click聽here.
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海角破解版 Employment barristers Sarah Clarke and Simon Tibbitts analyse the latest employment law cases, covering: Guidance of whose motivation will be taken into account in determining the 鈥淓mployer鈥檚鈥 reason for dismissal: Royal Mail Limited v Kamaljeet Jhuti [2017] EWCA Civ 1632 EAT find that relying on previous instances of misconduct, for which no sanction had been applied, does not render a dismissal unfair: NHS 24 v Pillar UKEATS/0005/16/JW Subjecting men and women to the same...
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海角破解版 Employment barrister聽Sarah Clarke provides a case law update聽covering the past month. Sarah's update includes: Dismissal connected to absence because of cancer treatment was not discrimination arising from disability: Charlesworth v Dransfields Engineering Services Ltd If an employee working night shifts is required to 鈥榮leep in鈥 at the premises, are they entitled to NMW for this time? It depends, says the EAT in 3 conjoined appeals: Focus Care Agency Ltd v Roberts UKEAT/0143/16/DM; Frudd v...
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