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Employment law brief: 13 November 2020

11 November 2020 / Ian Smith
Issue: 7910 / Categories: Features , Employment
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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)

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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