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Briefing
Volume: 80 Briefing: 1067 Date: November 2023 Author Mandy BhattalEdward v Tavistock and Portman NHS Foundation EAT considers the relevant legal principles for establishing failure to mitigate losses and also clarifies the correct approach to calculating losses where there has been a failure to mitigate. Go direct to Briefing
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Briefing
Volume: 80 Briefing: 1068 Date: November 2023 Author Gabriel MorrisonMcDermott v Sellafield Ltd and Ors EAT finds that the ET had erred in its approach to one protected act in an unsuccessful whistleblowing and victimisation claim. Although this error did not disturb its decision on liability, the costs award in favour of the respondents was unsafe Go direct to Briefing
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Briefing
Volume: 80 Briefing: 1069 Date: November 2023 Author Robin WhiteHiggs v Farmor School and Ors EAT holds that a protected belief detriment is not unlawful where it arises from the objectionable manifestation of that belief, and gives guidance on permissible limitations to the right to freedom of expression in the workplace Go direct to Briefing
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Briefing
Volume: 80 Briefing: 1070 Date: November 2023 Authors Olivia Barrett Daniel ZonaAlcedo Orange Limited v Mrs G Ferridge-Gunn EAT remits the ET’s decision on pregnancy discrimination and automatic unfair dismissal. Its decision was unsafe as it did not clearly determine who took the decision to dismiss the claimant and whether the dismissal was because of her pregnancy Go direct to Briefing
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Briefing
Volume: 80 Briefing: 1071 Date: November 2023 Author Aman ThakarThe Royal Parks Ltd v Boohene and Others EAT allows appeal against ET’s decision on indirect discrimination where the claimants as contract workers sought equal terms with the respondent’s direct employees. Go direct to Briefing
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Briefing
Volume: 80 Briefing: 1072 Date: November 2023 Author Katya HoskingGreasley-Adams v Royal Mail Group Limited EAT confirms that in harassment claims relying on the effect of conduct rather than its purpose, the perception of the claimant is a necessary element; there can be no harassment where the claimant is unaware of the conduct Go direct to Briefing
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Briefing
Volume: 80 Briefing: 1073 Date: November 2023 Author Malik GrayInstitute and Faculty of Actuaries v Davda EAT overturns ET decision finding that it had erred in law in holding that the respondent subjected the claimant to direct and indirect race discrimination compared to Indian nationals Go direct to Briefing
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Briefing
Volume: 80 Briefing: 1074 Date: November 2023 Author Colin DavidsonBoesi v Asda Stores EAT considers the relevant circumstances of a hypothetical comparator in direct disability discrimination; the case highlights the value of pleading alternative claims Go direct to Briefing
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Practitioner group meetings
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DLA conferences
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E-news
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Briefing
Volume: 81 Briefing: Date: March 2024
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Briefing
Volume: 81 Briefing: 1075 Date: March 2024 Author Geraldine ScullionEditorial Safeguarding our rights - Artificial Intelligence and workers' rights Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1076 Date: March 2024 Authors Olivia Fletcher Alice RamsayUnravelling recent legislative changes to the Equality Act 2010: implications for discrimination law Analysis of the recent legislative changes to the Equality Act 2010 (EA) and provide a brief overview of the differing amendment processes adopted Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1077 Date: March 2024 Authors Robin Allen KC Dee Masters AI Law ConsultancyUpdate on the use of artificial intelligence in the workplace What the fast growing development of AI means for employment and discrimination lawyers and advisers Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1078 Date: March 2024 Authors Marc Willers KC Tessa BuchananWolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47; November 29, 2023 A new type of injunction: orders against persons unknown Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1079 Date: March 2024 Author Elizabeth CleaverSarah Leadbetter v Secretary of State for Transport [2023] EWCA Civ 1496; December 20, 2023 Challenging the government’s guidance on the use of tactile paving surfaces Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1080 Date: March 2024 Author Michael PotterPatrick Galo v Bombardier Aerospace UK w [2023] NICA 50; July 3, 2023 Industrial Tribunal lacks power to appoint a litigation friend despite the incontestable benefit to a litigant lacking legal capacity Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1081 Date: March 2024 Author Robin Moira WhiteFor Women Scotland Limited v The Scottish Ministers w [2023] CSIH 37; November 1, 2023 Meaning of ‘sex’ in the Equality Act 2010 Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1082 Date: March 2024 Author Colin DavidsonCharles Melvin Bathgate v Technip Singapore PTE Limited [2023] CSIH 48 XA18/23; December 29, 2023 Settling unknown future claims under the Equality Act? Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1083 Date: March 2024 Author Rumana BennettThe Royal Embassy of Saudi Arabia (Cultural Bureau) v Alhayali [2023] EAT 149; December 5, 2023 EAT finds that state immunity does not apply to personal injury claims and that the concept of personal injury extends to psychiatric injury Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1084 Date: March 2024 Author Atif Waheed KaudriFernandes v DWP w [2023] EAT 114; September 14, 2023 EAT overturns ET decision on time limits for bringing a reasonable adjustments claim. In determining when time starts to run, the ET needs to consider when an employee, based on facts known to them, would conclude that the duty would not be complied with Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1085 Date: March 2024 Author Sacha SokhiTopps Tiles Plc v Mr G Hardy [2023] EAT 56; April 13, 2023 EAT upholds ET’s approach to applying relevant tests for causation and proportionality in a discrimination arising from disability claim Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1086 Date: March 1086 Authors Shannon Henderson Lydia SilvertonDr S Bi v E-AC w [2023] EAT 43; March 28, 2023 EAT upholds ET decision to dismiss claim following the claimant’s failure to comply with an unless order to consent to full disclosure of her medical records, in preparation for remedy Go direct to Briefing
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Briefing
Volume: 81 Briefing: 1087 Date: March 2024 Author Amy HammondBlanc de Provence Ltd v Miss Thu Lieu Ha w [2023] EAT 160; December 21, 2023 EAT rules that ET erred in its approach to a sex related harassment claim when it failed to make an express finding on whether the conduct in question was indeed ‘related to’ the claimant’s sex. Go direct to Briefing
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Practitioner group meetings
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Practitioner group meetings