The SC has heard an important case on mixed injuries. The SC upheld the CA decision and the SC press summary is as follows: ‘Background to the Appeal Although the sums at stake in the two test cases in this appeal are small, it is clear that many thousands of cases are potentially affected by …
Continue reading “Whiplash – SC case”
Employers must get to grips with new rules that came into force on 6 April 2024. Under the existing rules, employers who are on maternity, adoption or shared parental leave and are selected for redundancy are entitled to be offered a suitable alternative vacancy, if available. This gives them priority protection against dismissal. Important changes …
Continue reading “Redundancy and maternity – increased protection”
The EAT has allowed an appeal by an employer and has remitted the case to a differently constituted ET for redetermination. The claimant was made redundant after two male managers visited her in the shop where she worked, asked her two female colleagues to leave and then told her in the basement of the shop …
Continue reading “EAT – sexual harassment”
HMLR has updated PG19 (notices and restrictions). Section 3.9.1 has been amended to clarify that, where the consent or certificate of a specified person is required under the terms of a restriction in the register, and where that person cannot be traced, HMLR needs to see evidence of the steps undertaken to obtain the relevant …
Continue reading “HMLR – PG19”
Giving judgment in Re X (see previous entry) Knowles J noted the upcoming changes to the FPR 2010 (which are in force from 29 April 2024) ‘will give an added impetus to the court’s duty in this regard’. The amendments to Part 3 FPR in relation to MIAMs and non-court dispute resolution are introduced under …
Continue reading “Procedure – mediation”
The procedure for requests for clarification following a ruling is being misused – it is intended only to avoid unnecessary appeals being launched on grounds of absence of reasons. In this case, the LA appealed findings made in care proceedings. The LA had raised several requests for clarification, the scale of which the CA described …
Continue reading “Findings of fact – clarification of reasons”
The ET has heard a case that has been widely reported in which a claimant’s anti-Zionist beliefs qualified as a philosophical belief and as a protected characteristic pursuant to s10 Equality Act 2010 at the material times. The Courts and Tribunals Judiciary case summary is as follows: ‘The claimant was employed by the respondent from …
Continue reading “Protected beliefs – Equality Act”
Employment practitioners are reminded that changes are being made to the way that paternity leave and pay can be claimed and taken. These changes will come into effect for fathers and partners from 6 April 2024; however, employees can start informing their employers from 8 March 2024 of the dates they are going to take …
Continue reading “Paternity leave – changes”
The government has announced a consultation on proposed changes to the CPR: Court Documents Consultation – Access to Court Documents by Non-Parties: proposed new CPR 5.4C. The proposed reforms flow from the UK SC judgment in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38 (see below). The proposed changes to CPR Rule 5.4C would …
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The Civil Procedure (Amendment) Rules 2024 come into force on 6 April 2024. The Rules clarify that when a case is on the intermediate track, any expert’s report shall not exceed 20 pages: including the expert’s description of the issues on which they are instructed to give their opinion, the conclusions they have reached and …
Continue reading “Expert reports – CPR changes”