header-logo header-logo

Two wrongs...

29 June 2012 / Ian Smith
Issue: 7520 / Categories: Features , Employment
printer mail-detail
123999007_02_fmt_4

Ian Smith provides a round-up of the latest employment law decisions

Three Court of Appeal decisions are chosen for this month’s column and, as is so often the case in employment law, they could hardly be on more different subjects, though each is of considerable importance in its own sphere. The first concerns the common law doctrine of illegality, but in the special statutory context of discrimination claims where its application has always been subject to different rules. The second case seems to settle a loose end in relation to a problem that has arisen several times in recent years, namely whether an employee facing an internal disciplinary hearing can ever invoke rights under Art 6 of the European Convention, in particular a right to legal representation (which is deliberately omitted from the ACAS Code of Practice); the Supreme Court pronounced on this last year, but left undisturbed one particular Court of Appeal decision which, though on a slightly different point, was arguably out of line with the Supreme Court’s approach. It has now been

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

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 dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
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
back-to-top-scroll