Papers

USING THE HUMAN RIGHTS ACT TO CHALLENGE RESTRICTIONS ON THE ENFORCEMENT OF EMPLOYMENT RIGHTS
Naomi Ling, Outer Temple Chambers

February 29, 2024

In this session, Naomi Ling looked at some recent cases on Article 14 and compared the approach the courts have taken to it with our more familiar Equality Act/EU law approach. There was then a workshop which discussed the application of t...

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TACTICS AND STRATEGY IN WHISTLEBLOWING
Adam Ohringer and Clive Day Presentation (2024)

February 8, 2024

This talk looked at context, strategy and tactics of Whistleblowing Claims, including the following areas: Cultural and reputational issues context. Who does the law protect and does it really serve the public interest? Where does a cult...

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DISCLOSURE, DEMEANOUR AND MISSING EVIDENCE: WHAT EMPLOYMENT LAWYERS CAN LARN FROM VARDY v ROONEY [2022] EWHC 2017 (QB)
Gus Baker, Outer Temple Chambers

September 9, 2023

Gus Baker presented this paper for his workshop at the Society’s 2023 Annual Conference....

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RULE 50 AND ANONYMITY ORDERS
Mrs Justice Heather Williams DBE, Royal Courts of Justice

September 9, 2023

Mrs Justice Heather Williams, DBE presented this powerpoint at the Society’s 2023 Annual Conference....

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WHEN PRIVATE CONDUCT AMOUNTS TO MISCONDUCT: HAS THE PENDULUM SWUNG TOO FAR?
Claire Darwin KC, Matrix Chambers

September 9, 2023

Claire Darwin KC presented this powerpoint at the Society's 2023 Annual Conference...

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HOW TO WORK WITH VULNERABLE PEOPLE AND TAKE CARE OF YOURSELF
Annmarie Carvalho, Director, The Carvalho Consultancy

September 8, 2023

In this interactive workshop, Annmarie Carvalho, a therapist, trainer and former solicitor at Farrer & Co discussed practical ways of working with vulnerability, the psychological dynamics involved and how we can take care of ourselves when...

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RETAINED EU LAW: THE ACT AND WHAT IT MEANS FOR LABOUR LAW
Professor Catherine Barnard, Professor of European Union and Employment Law, University of Cambridge

September 8, 2023

Professor Catherine Barnard presented this powerpoint at the Society's 2023 Annual Conference....

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THE FUTURE OF THE EMPLOYMENT CONTRACT
Professor Douglas Brodie, Associate Principal for Social Inclusion at Strathclyde University

September 8, 2023

The session explored how the law of the employment contract might develop. Particular attention is paid to wider developments in the law of obligations such as the recognition of the importance of fair dealing and the significance of relati...

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TRADE UNIONS AND POLITICAL STRATEGY: A STRUCTURAL APPROACH
Dr Zoe Adams, King’s College, University of Cambridge

March 23, 2023

In this talk, Zoe Adams builds on the structural approach to labour law she has developed in previous works, with a view to exploring its strategic implications for legal and social actors, with a particular focus on trade unionism. In so d...

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LABOUR MIGRATION IN THE POST-BREXIT UK: TRANSFORMATION OR EVOLUTION
Dr Manoj Dias-Abey, University of Bristol

September 10, 2022

On 1 January 2021, free movement of persons between the United Kingdom and the European Union ended. The government has sought to emphasise the transformational nature of the new arrangements, although closer examination reveals that the ne...

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SIMPLIFYING LEGAL PROFESSIONAL PRIVILEGE FOR EMPLOYMENT LAWYERS
Wonu Sanda, CM Murray LLP and Michael White, 11KBW

September 10, 2022

This document was produced for a workshop session at Industrial Law Society's 2022 Conference...

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THE PROTECTION OF THE INDIVIDUAL RIGHT TO STRIKE UNDER ARTICLE 11 AND IN DOMESTIC LAW: THE JOURNEY TO MERCER
Stuart Brittenden, Old Square Chambers

September 10, 2022

This session explored the extent of the domestic protections available to workers from detriment and dismissal for organising and participating in industrial action through the lens of Article 11 ECHR. Following the recent Court of Appeal r...

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FAIRNESS, DISCIPLINARY PROCEEDINGS AND THE EMPLOYMENT CONTRACT
Betsan Criddle KC

March 24, 2022

Betsan's talk discussed: The development and limitations of the implied term of trust and confidence in the disciplinary context Braganza and discretionary decision making Burn v Alder Hey – it is time for an implied term of fa...

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BRINGING IT ALL BACK HOME – TUPE AFTER BREXIT
Charles Wynn-Evans, Dechert LLP

December 9, 2021

Ahead of Brexit there was considerable speculation about the potential for deregulation of employment legislation, including TUPE, once the UK had left the EU. This presentation will discuss, by reference to a number of recent and not so re...

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A VIEW FROM THE EAT
The Hon Lord Fairley, Judge of the Court of Session and of the EAT

November 22, 2021

Lord Fairley's talk looked at the Appeal process and highlighted some suggested dos and don’ts based upon his experience of sifting, preparing for hearings and presiding over hearings....

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