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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

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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