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Ffyon Reilly looks at recent case law on judicial discretion as to minor errors

Some errors are small and forgivable, but whether this is so may depend on the judge

Next week’s election may result in changes to employment law, but the existing law continues to present novel issues of interpretation, says Ian Smith

Whistleblowing, alternative employment in a medical incapability case, and the liability of employees in a discrimination case: this is the trio of topics covered in this week’s ‘Employment law brief’

Work-from-home claims are on the rise, & practitioners need to prepare for the fallout, say Rachel Crasnow KC & Imogen Brown

Flexible working features in an increasing number of employment law claims, write Rachel Crasnow KC and Imogen Brown, of Cloisters Chambers, in this week’s NLJ

Complaints about discrimination in relation to any protected characteristic should lead to robust investigations, not heresy hunts, say Maya Forstater & Anya Palmer
Clare Fletcher looks into the Tesco ‘retained pay’ case & ponders how Labour in government might treat the issue

What are the potential implications of the Tesco ‘retained pay’ case, and, post-election, how might a potential Labour government overhaul the law surrounding fire and rehire?

Where does the Supreme Court’s decision in Mercer leave us in terms of the law on union-related detriment? Charles Pigott reports
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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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