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Disciplinary&grievance procedures

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Final fire & rehire code treads carefully through a legal & policy minefield, says Charles Pigott

Remember the P&O fire and rehire scandal? A final draft of the statutory code on dismissal and re-engagement has now been laid before Parliament, Charles Pigott writes in this week’s NLJ

Back to school already? Ian Smith sets out some instructive lessons from the courts on the definition of a worker, the conduct of disciplinary hearings, & the perils of making a mistake
The dispute over football celebrity Gary Lineker’s tweets captured the public imagination and backfired spectacularly on the BBC, but what if Lineker had been an employee? In this week’s NLJ, Charles Pigott, professional support lawyer, Mills & Reeve, looks into whether employers have rights to restrict their employee’s tweets or other private expressions of opinion.
Are employers entitled to restrict their employees’ private expression of opinions online or elsewhere? Charles Pigott examines freedom of speech & workplace censorship
Wearing too many hats? In this month’s brief, Ian Smith addresses the confirmation of the rule against multiple employers, lingering COVID fears at work, & civil proceedings orders
Legal regulators are considering tougher rules on non-disclosure agreements (NDAs) following a series of controversies in recent years. 
The Met has been exposed by the Casey Review as having ‘a poisoned culture that has become endemic’, writes NLJ columnist Jon Robins in this week’s issue. 
How much change will the fire & rehire code deliver? Charles Pigott assesses the government’s draft code of practice
In this month’s employment brief, Ian Smith breaks new ground courtesy of the Court of Appeal & navigates some tricky traps for unwary employees
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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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