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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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