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The government is to pay back all employment tribunal fees—ruled unlawful by the Supreme Court in July—along with 0.5% interest.

Unfair should not mean unlawful, says Tessa Fry

Gus Baker & Ruth Kennedy ask whether claimants who could not afford to pay employment tribunal fees could now bring claims out of time

Employment tribunal fees are unlawful under both EU law and domestic law, the Supreme Court has unanimously held.

Constructive dismissal upholds the law of contract, but with a human touch, says Tom Walker

Employers can breathe a collective sigh of relief after the Advocate-General opinion on Woolworths, says Jessica Corsi

Chris Bryden & Michael Salter revisit old ground: naming respondents in discrimination claims

Anna Macey analyses the implications of the decision in Redfearn v Serco

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MOVERS & SHAKERS

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

Constantine Law—Alex Finch & Rebecca Tester

Constantine Law—Alex Finch & Rebecca Tester

Firm launches business immigration practice with dual partner hire

Freeths—Jane Dickers

Freeths—Jane Dickers

Scottish offering strengthened with dispute resolution partner hire in Glasgow

NEWS
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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