February 2014 CPD Questions

This month's CPD questions relate to the following cases. Click the link to each case to access the questions.

[Innospec Ltd & Ors v Walker (Interested Party: Sec of State for Work & Pensions)]() **UKEAT/0232/13/LA
**Appeal against an ET ruling that the claimant's civil partner was entitled to a pension on the claimant's death even though the claimant's service occurred entirely prior to coming into force of the law prohibiting discrimination on the ground of sexual orientation. Appeal allowed.

[USDAW & Anor v Ethel Austin Ltd & Ors]() [2014] EWCA Civ 142
Judgment explaining reasons for referring this case to the CJEU. The proceedings involve collective redundancy consultation where the insolvent employers had multiple sites, some with more and some with fewer than 20 employees, the limit required by s188 of TULRCA 1992 to qualify for a protective award. Employees at the smaller sites had been unsuccessful in their claims for such an award.

[South Wales Police Authority v Johnson ]()[2014] EWCA Civ 73
Appeal against the dismissal by the EAT of the respondent's challenge to the ET's decision on race discrimination. Appeal allowed and the claims were dismissed in their entirety.

[Kemeh v Ministry of Defence ]()**[2014] EWCA Civ 91
**Appeal against an EAT decision which overturned an ET ruling that an employee was acting as an agent of the respondent and therefore the claimant could make a claim of race discrimination against the respondent. Second appeal against the EAT's reduction in the injury to feelings award made by the ET. Both appeals dismissed.

For each question answered correctly 10 minutes of CPD is added to your training record so if you answer all 12 that will give you 2 hours.

Barristers: please note that, according to BSB rules, you will have to answer at least 3 questions correctly, equivalent to 30 minutes, for the training to count towards your CPD requirements.

Published: 06/03/2014 15:28

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