*/
Employment – Unfair dismissal. The employment tribunal (the tribunal) had found that the employee had been constructively dismissed as a result of three acts of harassment related to her sex. It upheld her claims for unfair dismissal and harassment. The employee appealed against the dismissal of her claim for compensation for loss of a chance. The employer appealed against the finding that the act of constructive dismissal was in itself an act of harassment. It also appealed against awards made to the employee for injury to feelings, which had been grossed up on the basis that it would be liable to income tax. The Employment Appeal Tribunal dismissed the employee's appeal against the remedy judgment concerning loss of chance and the employer's appeal against the finding of harassment where the tribunal had been entitled to reach those conclusions on the evidence. It allowed the appeal against the finding that constructive dismissal was in itself an act of harassment. On the true construction of the Equality Act 2010, a resignation which amounted to a constructive dismissal did not fall within the meaning of harassment. The employer's appeal against the award of compensation for injury to feeling was allowed where, on the true construction of the Income Tax (Earnings and Pensions) Act 2003, such an award was not liable to income tax.
Employment – Unfair dismissal. The employment tribunal (the tribunal) had found that the employee had been constructively dismissed as a result of three acts of harassment related to her sex. It upheld her claims for unfair dismissal and harassment. The employee appealed against the dismissal of her claim for compensation for loss of a chance. The employer appealed against the finding that the act of constructive dismissal was in itself an act of harassment. It also appealed against awards made to the employee for injury to feelings, which had been grossed up on the basis that it would be liable to income tax. The Employment Appeal Tribunal dismissed the employee's appeal against the remedy judgment concerning loss of chance and the employer's appeal against the finding of harassment where the tribunal had been entitled to reach those conclusions on the evidence. It allowed the appeal against the finding that constructive dismissal was in itself an act of harassment. On the true construction of the Equality Act 2010, a resignation which amounted to a constructive dismissal did not fall within the meaning of harassment. The employer's appeal against the award of compensation for injury to feeling was allowed where, on the true construction of the Income Tax (Earnings and Pensions) Act 2003, such an award was not liable to income tax.
Chair of the Bar reports back
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
A career shaped by advocacy beyond her practice, and the realities of living with an invisible disability – Dr Natasha Shotunde, Black Barristers’ Network Co-Founder and its Chair for seven years, reflects on a decade at the Bar
Responding to criticism on the narrow profile of government-instructed counsel, Mel Nebhrajani CB describes the system-wide change at GLD to drive fairer distribution of work and broader development of talent
The odds of success are as unforgiving as ever, but ambition clearly isn’t in short supply. David Wurtzel’s annual deep‑dive into the competition cohort shows who’s entering, who’s thriving and the trends that will define the next wave
Where to start and where to find help? Monisha Shah, Chair of the King’s Counsel Selection Panel, provides an overview of the silk selection process, debunking some myths along the way
Do chatbot providers owe a duty of care for negligent misstatements? Jasper Wong suggests that the principles applicable to humans should apply equally to machines