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16 March 2012 / Ian Smith
Issue: 7505 / Categories: Features , Employment
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Alarming times?

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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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