Climate change and material planning: The clouding of the issue

Ward Hadaway | Property Law Journal | July/August 2022 #399
In this second article of two on climate change, Frank Orr looks at the tension between the expectations of action raised by the CCA, the failure of national policy to meet such expectations and the case law that has – to an extent – continued to cloud the issueWhile the National Planning Policy Framework (NPPF)…

Legal news: Employment update

Bryan Cave Leighton Paisner LLP | Employment Law Journal | July/August 2022 #232
Jackie Thomas rounds up the latest developments affecting employers and their advisers The Autoclenz approach only applied in situations where individuals were being deprived of statutory rights and where the bargaining power between the parties was uneven. EAT gives harsh lesson on following the tribunal rules An unrepresented claimant was not entitled to bring her…

Reproductive issues: How to support employees going through the three Ms

Memery Crystal | Employment Law Journal | July/August 2022 #232
Michelle Chance discusses the importance of normalising conversations about menstruation, miscarriage and the menopause at work A developing area of case law concerns whether certain gynaecological conditions which affect menstruation could constitute a disability in specific circumstances. The number of women in the workplace is growing at both ends of the age spectrum. Some 51%…

Human rights: Campus clash – harassment or free speech?

Taylor Vinters LLP | Employment Law Journal | July/August 2022 #232
James Murray examines the interaction between the harassment provisions of the Equality Act and the law protecting academic free expression The European Court of Human Rights has recognised that academic free expression comprises the freedom for academics to express themselves openly about the institution or system in which they work without restriction In the past…

Tribunal hearings: It’s time for employment tribunals to embrace technology

Excello Law | Employment Law Journal | July/August 2022 #232
Hina Belitz comments on proposals to record online hearings digitally The routine recording of tribunal proceedings could clearly help to avoid disputes and the resultant unnecessary waste of cost and court time. It would also create a more level playing field between parties with varying levels of resources. The coronavirus pandemic saw technology rapidly deployed…

Working patterns: Shifting priorities

Irwin Mitchell LLP | Employment Law Journal | July/August 2022 #232
Joanne Moseley explores how employers can avoid the legal pitfalls when managing shift workers and gives some practical tips for successful shift-working arrangements One important issue that can be overlooked is the difficulty some people have working certain shift patterns and the legal risks that follow if employers fail to take a flexible approach. Many…

Industrial action: Summer strike disruption – understand what’s lawful

Keystone Law | Employment Law Journal | July/August 2022 #232
Tim Tyndall looks at the rights of workers taking part in industrial action, protections for employers from unofficial action and proposed government reforms of strike laws The main legal remedy available to employers who believe a trade union has made mistakes in the way it has organised industrial action is to apply for an injunction…

Demystifying employment contracts: Why it pays to take notice of notice clauses

Shoosmiths LLP | Employment Law Journal | July/August 2022 #232
In the fourth part of this series, Simon Fennell outlines the key issues to consider when drafting notice clauses While the Employment Rights Act imposes a minimum obligation, there is no reason why the employer cannot require the employee to provide a longer period of notice upon resignation and many employers will also be willing…

Re B [2022] WTLR 409

Summer 2022 #187

In 2013, B’s father died intestate in France leaving a French property. Under French law, the property passed to B and his adult sister in equal shares. Under French law, it is necessary for the heir to accept their succession to the French estate. As B was a minor (aged 17), he was not able to do so. If he lived in France the surviving parent would be able to accept the succession on B’s behalf, but because B was habitually resident in England the French court declined jurisdiction.

B’s mother made an application for a specific issue order under s8 of the Children Act 1989 author...