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Civil way: 11 May 2012

11 May 2012
Issue: 7513 / Categories: Features , Civil way
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Back where we started & bankruptcy blows

BACK WHERE WE STARTED
Two years, six months, one year, two years with a small employer, two years with small and large employers and one year. Such have been the qualifying periods for making an unfair dismissal claim since the Industrial Relations Act 1971 invented the right. We have to report that the avalanche of legislation faced by employment lawyers was even more acute than we had thought (see NLJ) and that the catchingly entitled Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 (SI 2012/989) and the Employment Tribunals Act 1996 (Tribunal Composition) Order 2012 (SI 2012/988), both of which were made on 30 March 2012, came into force on 6 April 2012. For employees who commenced employment on or after 6 April 2012, the qualifying period for an unfair dismissal claim and for the right to request a written statement of reasons for dismissal is raised to two years, which is where we came in. It is reckoned that the

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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