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Beyond belief

Ian Smith pays respect to the latest developments in employment law

Two legislative developments of note in the last month have been the publication of BIS Guidance on the impending Agency Workers Regulations 2010 (SI 2010/93) (coming into force on 1 October) which, although not formally a code of practice, is likely to have significant influence in the early period of implementation, and the publication by the government of the consultation document on modern workplaces which adds more flexible parental leave, more flexible working generally, changes to the working time laws on holidays, and a power for a tribunal to order a pay audit in an equal pay case to the wish list published earlier this year as part of the employment law review being carried out. The cases below cover the means of making a payment in lieu under a contractual payment in lieu of notice (PILON) clause, the question whether an employee remanded in custody pending trial has a continuing right to wages, the status of prayer time under the

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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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