the Queen’s Speech and LLPs

Delivered with all the traditional pomp and ceremony that one would expect the Queen’s Speech was made to the combined Houses of Parliament on 8 May, setting out the Government’s legislative programme for the coming year. Probably of greatest interest to lawyers and other professionals is the removal of the presumption of self-employed status for…

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is obesity a disability in the context of discrimination?

It was a mistake, the Employment Appeal Tribunal held in Walker v Sita Information Networking Computing Ltd, for an Employment Tribunal to say that a claimant was not disabled because there was no identifiable or recognisable pathological or mental cause for his “constellation of symptoms”. The Tribunal had been wrong to concentrate on the fact…

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revisiting old warnings

Last month I commented on the case of Simmonds v Milford Club in which it was thought appropriate to revisit previous warnings if they were “manifestly inappropriate” when considering the fairness of a misconduct dismissal, Davies v Sandwell Metropolitan Borough Council emphasises that this approach is very much the exception to the rule. In Davies…

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decisions, decisions

Redundancy selection can be a tricky business; faced with having to choose between a number of employees how do you make sure you do so fairly? Well, the standard advice is to establish a set of objective criteria and apply those. And very good advice it is too, but Mental Health Care (UK) Ltd v…

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if employment regulation is a problem why are we getting more?

The government has published “Employment Law 2013: progress on reform” which notes both that in the UK, “burdens from employment law are low by international standards”, and that there is a perception that employment regulation is a problem (perhaps fuelled by exercises such as the “Red Tape challenge“?), leading to a situation where “fear of…

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