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Employment law brief: 7 May 2021

05 May 2021 / Ian Smith
Issue: 7931 / Categories: Features , Employment , Tribunals , Litigants in person
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In this month’s brief, Ian Smith serves up some insight into items which are always on the employment law menu
  • Are foster carers workers?
  • Constructive dismissal: too late to make amends.
  • Striking out a litigant in person’s case.

Employment status is always on the menu in employment law. The first case considered this month addresses ‘worker’ status, but with two twists—it arose in the context of trade union law, and its subject is the very unusual legal position of foster carers. The Court of Appeal has come down in their favour, stressing how specific to their case the decision is, but encouragement is given to appeal further to the Supreme Court where the gloves would be off and reconsideration could be given to their position in the law generally, possibly leading to the extension to them of employment rights generally. The second case addresses a potentially important issue in human relations practice—if management has behaved badly to an employee who is threatening to leave and claim constructive

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Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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