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Employment Law Brief: 25 January 2008

24 January 2008 / Ian Smith
Issue: 7305 / Categories: Features , Legal services , Divorce , Family
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SICKNESS DISMISSAL DEVELOPMENTS
A CROSS-OVER WITH DISABILITY DISCRIMINATION
INDUSTRIAL DISPUTES AND EC LAW

I suppose that one of the few advantages of being an employment lawyer is that things go quite quiet over the ever-expanding Christmas break and may take a little time to come back on stream afterwards, during which time the employment lawyer can make innocent fun of his colleagues in the family and divorce law division who are snowed under on the first working Monday of the year (D-Day) sorting out the devastation done to personal relationships by so many not-so-merry Christmases.

Of course, the government could be trusted to play the Scrooge act and try to wreck our peace by publishing the Employment Bill just before the break. This is the sort of state of the art law that tends to make the brain hurt, but as we stare down the barrel of yet more change in 2008 it is perhaps comforting to see in the recent case law some developments in two longstanding and

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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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