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01 January 2009 / Ian Smith
Issue: 7350+7351 / Categories: Features , Discrimination
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Benefits & ageism

Ian Smith contemplates some murky borderlines

The principal news in recent employment law has been the Employment Act 2008 receiving Royal Assent. The all-important provisions repealing the statutory disciplinary and grievance procedures are to be brought into force by order, but the word on the street is that April 2009 is still the target date. With this in view, the other piece of news at this level is that the new ACAS Code of Practice No 1 (on discipline and grievance) has been published and is on the ACAS website (www.acas.org.uk)This is the finalised version which has now been put before Parliament for approval, again with April in mind.

However, there is one other piece of news of some interest, in relation to a particular case. There was reported in this briefi ng on 15 August (158 NLJ 7334, p 1162) the decision of the Court of Appeal in Allen v GMB [2008] EWCA 810, [2008] All ER (D) 207 (Jul) holding the union liable for indirect sex discrimination in not pursuing

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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