header-logo header-logo

Home Login E-newsletter About us

Employment law brief: 13 November 2020

© Copyright LexisNexis 2025. All Rights Reserved.
11 November 2020 / Ian Smith
Issue: 7910 / Categories: Features , Employment
printer mail-detail
31566
After a quiet few weeks, Ian Smith breaks the silence & tackles a Polkey reduction & the meaning of ‘because of’...

In brief

  • Constructive dismissal; communicating by conduct.
  • ACAS uplift not applicable to whistleblowing cases.
  • Applying a Polkey reduction to loss of statutory rights.
  • Causation in discrimination cases—the meaning of ‘because of’.

Things on the employment law front have been rather quiet for the last few weeks. At the time of writing we are still awaiting the publication of two Supreme Court decisions (already heard) of major importance, namely in the Uber litigation on employment/worker status in gig economy cases and the Royal Mencap case which will hopefully square the circle on when the national minimum wage applies to on-call/living in carers. Both have economic implications beyond their purely legal significance. In the meantime, we have had three EAT cases reported last month on communicating acceptance of employer repudiation by conduct, applying a Polkey (Polkey v A E Dayton Services Ltd [1987] 3 All ER 974)

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
NLJ Career Profile: Francis Ho, City of London Law Society

NLJ Career Profile: Francis Ho, City of London Law Society

Francis Ho, Charles Russell Speechlys partner, was recently appointed chair of the Construction Law Committee of the City of London Law Society. He discusses the challenges of learning to lead, the importance of professional ethics, and the power of the written word, withNLJ

Slater Heelis—Chester office

Slater Heelis—Chester office

North West presence strengthened with Chester office launch

Cooke, Young & Keidan—Elizabeth Meade

Cooke, Young & Keidan—Elizabeth Meade

Firm grows commercial disputes expertise with partner promotion

NEWS
Read All
Solicitors’ regulator sanctioned for failures
The Solicitors Regulation Authority (SRA) must overhaul its complaints and risk assessment processes to fix ‘systemic shortcomings’, the Legal Services Consumer Panel has said
Collective actions at ‘critical juncture’
The opt-out collective actions regime is facing ‘significant challenges’ but could benefit the UK by £24bn a year if enhanced and expanded, a report by Stephenson Harwood has found
Full review of county court rejected
Ministers have rejected the Justice Committee review’s key recommendation for the ailing county court system—an ‘urgent and comprehensive’ review by spring at the latest
Firms weigh up post-Mazur tactics
Firms preparing to mount Mazur applications alleging the other side has acted in breach of the Legal Services Act 2007 may be left disappointed, the Law Society has said
More faulty Post Office software convictions referred
The first Post Office Capture conviction—the accounting software used before the faulty Horizon system—has been referred for appeal by the Criminal Cases Review Commission (CCRC)
Copyright © 2025 LexisNexis
back-to-top-scroll