6th September 2018 will forever be a momentous day in Indian history. This is the day that the Indian Supreme Court decriminalised homosexuality. The end of this 24-year legal battle is not just a break from an “irrational, indefensible and manifestly arbitrary” law, but also a break from yet another colonial tie. Section 377 of […]
“Only with great caution”, said the Employment Appeal Tribunal in Tarn v Hughes (& Ors) UKEAT/0064/18/DM – and the EAT then went on to give some helpful guidance on case management of discrimination claims. In Tarn , the claimant GP had brought a large number of complaints of discrimination against her (former) partner GPs. At […]
With the tennis, the world cup, President Trump’s visit, the heatwave and the endless Brexit drama, it may have escaped you that on 9 June 2018 the Trade Secrets (Enforcement, etc) Regulations 2018 came into force. Here’s a quick summary of what you need to know when dealing with the errant employee who has run […]
The background to this case will be well-known to many practitioners so this post will not repeat it. Instead, it focuses on two criticisms made by the Supreme Court about the way in which Mrs Owens’ petition was case managed which, it is suggested, will have unfortunate consequences for those of us working in this […]
In dismissing A’s appeal, the court illustrated the need to carefully cross-examine a witness and make detailed submissions, as opposed to raising issues on appeal. It also demonstrates the need to invite the trial judge to clarify/amplify his reasons. Background A sought an injunction to prevent his neighbours building an extension, alleging the works would […]
On 9 May 2018 at Winchester Crown Court, the defendant was sentenced to three counts of doing acts tending to and intended to pervert the course of public justice. He had been convicted after a trial and received three consecutive sentences. In short, he had pretended that a vehicle that could be linked to him […]
The case of Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 is – understandably – drawing a large amount of commentary, primarily because of the treatment of the familiar test in British Home Stores Ltd v Burchell [1980 ICR 303. This blogpost will focus on the Burchell issue. Reilly v Sandwell The Appellant, Ms […]
Did the EAT err in law in finding that a member of an LLP who acts “reasonably” in withdrawing his labour will not, as a matter of law, act wrongfully or in repudiatory breach of the LLP members’ agreement, and accordingly may be awarded losses flowing from a subsequent expulsion pursuant to the terms of […]
In the recent decision in Okedina v Chikale UKEAT/0152/17/RN the EAT (HHJ Eady QC) considered the question of when a Claimant’s contract of employment would be said to be illegal by virtue of the operation of immigration law. The case contains a useful rehearsal of the relevant legal principles (para 35 – 41 of the […]
Introduction This is a brief round-up of reported TUPE cases from 2017 – perhaps not the most exciting year for TUPE enthusiasts. From my point of view, the most interesting cases are Born London Ltd v Spire (from March, dealing with provision of information); Tees Esk and Wear Valleys NHS Foundation Trust (also March, dealing […]
When considering whether a dismissal is an automatically unfair “whistleblowing” dismissal, is it permissible to consider the mental processes of anyone other than the decision-taker? In particular, what if the decision-taker was “manipulated” by another of the Respondent’s employees? “No (in the circumstances)”, said the Court of Appeal in Royal Mail Ltd v Jhuti [2017] […]
When is an employer liable for the criminal actions of a rogue employee in disclosing personal information of co-employees on the web? That was the question raised in Various Claimants v Wm Morrisons Supermarket Plc [2017] EWHC 3133 (QB) (click here for the judgment). Facts In early 2014 a rogue employee had posted a file […]