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employment & discrimination

updates and comment from the team at 12 King's Bench Walk

Category: Updates

Just what the doctor ordered (or not…)

Posted on 20th Dec 2021 by goodwintimothy

Tim Goodwin takes a quick look at a new sick pay regulation that is not quite what it appears to be.

Struck Out! When can your opponent’s laziness justify dismissing their claim or defence?

Posted on 22nd Nov 202119th Nov 2021 by goodwintimothy

Tim Goodwin looks at a recent case of a Respondent’s failure to properly prepare for trial justified their defence of the claim being struck out.

Abuse of process: Claiming in the civil courts after settling tribunal proceedings

Posted on 21st Oct 202122nd Oct 2021 by goodwintimothy

Joel Kendall looks at a recent case that asks when an employee will be barred from bringing a civil claim after settling an earlier employment claim.

Webinar – DSAR Update

Posted on 29th Jul 202119th Jul 2021 by goodwintimothy

Georgina Churchhouse and Sam Cuthbert provide an update on dealing with data subject access requests, a vital tool in the armoury of any employment lawyer.

12 from 12: What the Forstater case does and doesn’t say about protected beliefs and the trans debate

Posted on 15th Jun 202115th Jun 2021 by goodwintimothy

The EAT handed down its much-anticipated judgment in Forstater v CGD Europe and ors (UKEAT/0105/20).

Worker status and litigants in person – lessons from Cox v Adecco

Posted on 29th Apr 202122nd May 2021 by goodwintimothy

Junior Counsel for the Appellant, Henry King, has written this short piece on a couple of points that might have been missed in the tumult about Respondents’ and Judges’ obligations towards litigants in person arising out of Cox v Adecco and ors.

Webinar – Uber and the Supreme Court: The last word in worker status?

Posted on 17th Mar 2021 by goodwintimothy

Our webinar on worker status following the Supreme Court’s decision in Uber v Aslam is now available to watch.

Legitimate aim versus discriminatory effect: objective justification under the microscope

Posted on 29th Oct 2020 by goodwintimothy

Henry King considers a recent EAT decision setting out helpful guidance for how Tribunals balancing legitimate aims pleaded by an employer against the discriminatory effects suffered by employees in cases of objective justification.

The argument against narrative pleadings

Posted on 7th Sep 202011th Sep 2020 by goodwintimothy

HHJ Tucker has, in her EAT judgment in C v D, set out some useful guidance encouraging employment lawyers to move away from the common ‘narrative’ style of Tribunal pleadings.

Vulnerable parties and witnesses in employment tribunal proceedings

Posted on 3rd Aug 202010th Sep 2020 by goodwintimothy

The first Presidential Guidance on vulnerable parties and witnesses in employment tribunal proceedings was issued this April. Key parts of the guidance deal with (i) identifying when a participant is vulnerable, and (ii) case management: directions and orders.

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