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10 February 2023 / Ian Smith
Issue: 8012 / Categories: Features , Employment , Tribunals , Discrimination , Tax
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Employment law brief: 10 February 2023

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Growing apart? In this month’s employment law brief, Ian Smith considers the ever-diverging paths of tax & employment law, & disciplinary proceedings that just won’t end
  • Effect of tax on employment status.
  • When can it be fair to reopen disciplinary proceedings?
  • A narrow view of marital discrimination.
  • Victimisation—the relevance of bad faith.

This column/epistle/rant has not infrequently mentioned problems arising from the employer practice of ‘fire and rehire’, either to force through changes in employment terms or to effect redundancies. In January, the government published a proposed code of practice on this issue, aimed at putting some curbs on it and giving tribunals more scope to judge its fairness. It is currently out for consultation and its progress will be watched with interest.

In the meantime, the cases considered here cover useful topics related to the effect of tax status on the definition of ‘employee’ for employment law purposes; if and when it can be fair for an employer to reopen what appeared to be

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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