header-logo header-logo

01 January 2009 / Ian Smith
Issue: 7350+7351 / Categories: Features , Discrimination
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll