Explanation of the EAT’s recent decision on the proper conduct of proceedings to determine challenges to asserted privilege
Author: Tom Croxford
In the case of E LLP v Gray  UKEAT/0585/11/CEA, the Claimant had brought a disability discrimination claim against the Respondent. In the course of the proceedings, a dispute arose as to whether certain oral discussions and written communications were without prejudice and thus inadmissible in evidence.
Employment status of fixed share partners
Discussion of the Court of Appeal’s recent decision in Tiffin v Lester Aldridge LLP
Author: Tom Cleaver
In what circumstances will a fixed-share partner in an LLP be an employee for the purposes of employment law?
Botham bowls a googly
The Supreme Court’s attempt to define the boundaries of recoverability in actions for breach of contractual disciplinary procedures, where a dismissal has occurred, is considered.
Author: David Lowe
In the conjoined appeals in Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence  UKSC 58 the Supreme Court considered when an employee who has been dismissed can recover damages for breach of express contractual disciplinary procedures during the dismissal process, thereby enabling him to claim more than the often very limited measures of damages available in claims for wrongful or unfair dismissal. No clear answer emerges from the five judgments.
Union members’ right to hold Unison to account
Unison v Kelly and Ors (UKEAT/0188/11/SM, 22 February 2012)
Author: Nick De Marco
In an important judgment on the interrelationship between trade union rights and Article 11 (right to freedom of association), the EAT held that a union member’s right not to be unjustifiably disciplined for asserting that his union has breached the union’s rules (section 65(2)(c) of TULR(C)A) does not breach Article 11 ECHR.