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Alarming times?

16 March 2012 / Ian Smith
Issue: 7505 / Categories: Features , Employment
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Ian Smith sweeps through a month of change, disputed rest breaks & contract setbacks

Last month saw the coalition government’s agenda on legislative reform of employment law start to come through in drafted legislation. Finalised regulations were enacted on compromise agreements in discrimination cases and tribunal procedure (raising amounts for deposits and costs/expenses orders, allowing costs for witnesses and providing that witness statements are to be taken as read) and drafts were produced on raising the unfair dismissal qualifying period to two years and permitting judge-only tribunals in unfair dismissal cases. All in all a busy time, with more to come. Politically the suggested reform which fared worst was the idea that small firms should be able to dismiss incapable employees without facing a tribunal, which now appears to be a source of disagreement within the coalition. Watch this space on that one.

On the litigation front, the cases selected for comment in this column lie at the “technical” end of the employment law spectrum and concern the time limit for working time claims, and

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
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
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
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
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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