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04 July 2024

IN CASE: Employment Law Newsletter – Summer 2024

In this quarter’s summary of significant employment and HR advancements, we highlight the latest updates and proposals affecting employment law. We explore how the general election will impact employment law, review the case of Ms. M Ospina Cadavid v. Zing Environments Ltd and examine key issues in redundancy and early consultation. Additionally, we explore the case of Steven Anderson v. P.J. Carey (Contractors) Limited. Finally, we feature a guest article that critically examines financial crime in the manifestos.

Inside our Summer 2024 IN CASE Newsletter you will find: 

The General Election and possible impacts on Employment Law

DOMONIQUE MCRAE

Domonique McRae, Senior Associate in Employment at Payne Hicks Beach, evaluates the proposed employment policies in the Labour, Conservative, and Liberal Democrat party manifestos ahead of the General Election.

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Case Report – Ms M Ospina Cadavid v Zing Environments Ltd

JAMES TOWNSEND 

James Townsend, Partner, successfully defended Zing Environments Ltd against Ms. Ospina Cadavid’s claims of unfair dismissal, wrongful dismissal, and breach of contract. The Tribunal dismissed her case, upheld Zing’s counterclaim, and awarded £12,125.30 in damages to Zing.

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Key Issues in Redundancy and Early Consultation

NAOMI LATHAM ELIZABETH COYLE

Naomi and Elizabeth emphasise that starting redundancy consultations early, when proposals are forming, is crucial. This approach allows employees a meaningful opportunity to influence outcomes and potentially prevent dismissals. The recent case of De Bank Haycocks v ADP RPO UK Ltd underscores that delayed consultation risks unfair dismissal findings, even if other aspects of the process are fair. Employers should prioritise robust, timely consultation to mitigate legal and reputational risks.

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Case Report: Steven Anderson v P.J. Carey (Contractors) Limited

JAMES TOWNSEND 

James Townsend led the successful defence of P.J. Carey (Contractors) Limited in a disability discrimination case. Anderson, a groundworker, claimed discrimination due to ADHD, but the Tribunal found he did not prove he was disabled at the relevant time. The case was dismissed at a preliminary hearing.

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Guest Feature from our Defence & Investigations specialists:

Financial Crime in the Manifestos

MARK JONES & HENRY WATKINSON

Mark Jones, Defence & Investigations Partner, and Henry Watkinson, Associate at Payne Hicks Beach comment on the proposed policies on financial crime in the manifestos from the Labour and Conservative parties. When it comes to combating financial crime; who might we be better off with?

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About the Author
James Townsend
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Domonique McRae
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Naomi Latham
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Elizabeth Coyle
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Mark Jones
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Henry Watkinson
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