Papers

WHISTLEBLOWING: NEW DEVELOPMENTS AND COVID-19 CONSIDERATIONS
Sean Jones QC and Jen Coyne, 11KBW

June 11, 2020

Sean Jones QC and Jen Coyne, 11 KBW discussed the current state of the law on Whistleblowing: New developments and Covid-19 considerations including the decision of Jhuti and explored the particular issues that Covid-19 has raised for em...

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EMPLOYMENT AS A RELATIONAL CONTRACT
Professor Hugh Collins, Cassel Chair of Commercial Law, LSE

June 1, 2020

Summary for this session: Although the contract of employment has often been described as a ‘relational contract’, it has been unclear what legal consequences are attached to that label. Recently, the theory and practice of relational c...

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THE CORONAVIRUS JOB RETENTION SCHEME
Professor Alan Bogg and Professor Michael Ford QC

May 4, 2020

Professors Bogg and Ford QC produced their paper in conjunction with the webinars on 22 April and 4 May for the Society which looked at the recent ‘unprecedented’ establishment of the Coronavirus Job Retention Scheme announced on 20 Mar...

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TUPE ANOMALIES
Charles Wynn-Evans, Dechert LLP

February 27, 2020

After an initial quiet patch following the 2014 amendments there have been a number of interesting developments in relation to TUPE over the past couple of years which will be addressed in this session including areas as diverse as whether ...

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POSITIVE ACTION IN THE WORKPLACE
Arpita Dutt and Amanda Steadman, BDBF LLP

February 25, 2020

Arpita and Amanda will: review the evolution of the legal framework around positive action; scrutinise the strengths and weakness of the current legislation; consider real-life examples of positive action in practice; survey how positive ac...

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THE LAW COMMISSION PAPER: A LOGICAL STRUCTURE FOR EMPLOYMENT TRIBUNALS
John Bowers QC, Principal, Brasenose College, Oxford; Barrister, Littleton Chambers; Deputy High Court Judge and a Recorder on the South Eastern Circuit

January 29, 2020

The Law Commission paper on Employment Hearings Structures raises many ideas and is wide ranging in scope. The subjects include Limitation periods, the scope of breach of contract claims, claims between multiple respondents, and appeals fro...

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IT ALL ADDS UPl CALCULATING COMPENSAION IN ET CLAIMS
Tom Coghlin QC, Cloisters

September 20, 2019

Employment tribunals have a dizzying array of remedy powers, built on a web of complex statutory jurisdictions, allowing in many cases uncapped compensation, to say nothing of their other more idiosyncratic non-financial remedies such as re...

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A SILK’S GUIDE TO SUCCESSFUL INJUNTION APPLICATIONS
John Cavanagh QC, 11KBW

September 15, 2018

John Cavanagh QC addresses the practical aspects of Injunction applications in the employment field, focusing on the three areas in which Injunctions are most likely to take place, namely, industrial action, disciplinary action and dismissa...

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ISSUES OF SUCCESS: PLANNING TO WIN AT PRELIMINARY HEARINGS
Employment Judge Jo Heal

September 15, 2018

‘Advocacy is very simple: you have to know exactly what you have to prove. And then prove it’ Before a preliminary hearing in the employment tribunal, a representative makes a choice: to prepare quickly, in the hope that the tribunal...

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PRINCIPLES FOR COMPENSATING PENSION LOSS
Pauline Hughes, Employment Judge & Judge of the County Court

September 15, 2018

This presentation covers the Principles for Calculating Pension Loss in the Employment Tribunal which was published in 2017. It will include discussion of why it was thought necessary to produce the document; details of the consultation pro...

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WHY LABOUR LAWYERS SHOULD CARE ABOUT THE MODERN SLAVERY ACT
Professor Judy Fudge, FRSC, School of Labour Studies, McMaster University Canada

September 15, 2018

Professor Judy Fudge, FRSC, School of Labour Studies, McMaster University Canada will consider the complex web of intersecting and overlapping tools and institutions to combat labour exploitation in the UK labour market, looking at why labo...

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#ME TOO: WHERE TO?
Su Nandy, Senior People Manager, Imperial College London

September 14, 2018

Employment lawyers have faced criticism of complicity in the recent reports of sexual harassment and HR professionals have to take a lead in how to try and prevent these “nightmare scenarios” happening in the first place. Does the curre...

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UBER AND LUDDISM: REFLECTIONS FROM HISTORY ON LAW, DEMOCRACY AND TECHNOLOGICAL CHANGE
Professor Simon Deakin, Cambridge University

April 19, 2018

Technological change, often disruptive, has been a feature of capitalism since the time of the industrial revolution. Thus claims being made for the 'end of work' as a result of the 'AI revolution' are overblown. AI, or machine learning, is...

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GET OUT OF MY FACE…BOOK! CAN EMPLOYEES ENJOY ANY PRIVACY IN THE WORKPLACE?
Claire McCann, Cloisters

February 1, 2018

Claire examined recent case law in her attempt to unpick some of the thorny questions thrown up by the intersection of work and private life: Is there a right to privacy at work? If so, in what circumstances can employers interfere with tha...

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THE EXPANDING BOUNDARY OF DISABILITY DISCRIMINATION LAW
Peter McTigue, Senior Lecturer in Law, Nottingham Trent University

January 24, 2018

Peter's talk examined the manner in which the concept of disability is being reconceptualised and expanded as a result of the UK’s ratification of the UN Convention on the Rights of Persons with Disabilities. He also explored how domestic...

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