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Employment law brief: 21 April 2023

21 April 2023 / Ian Smith
Issue: 8021 / Categories: Features , Employment , Tribunals , Discrimination , Damages
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On the clock: in this month’s employment brief, Ian Smith discusses judges acting up, bonus bonanzas & failures to mitigate
  • Who is a part-time worker?
  • When is a discretionary bonus properly payable?
  • How should the doctrine of mitigation of damage be applied in discrimination cases?

The beginning of April saw the usual annual uprating of the employment protection remedies amounts (against the backdrop of a high retail price index increase of 12%), the social security benefit rates and the national living and minimum wage figures. In addition, new presidential guidance has increased the Vento bands for compensation for injury to feelings. These changes and the specific dates for their commencements are set out in Harvey Bulletin 537. Of particular interest in the last month’s case law are three Employment Appeal Tribunal (EAT) decisions addressing three particular questions:

1. Who is a part-time worker?

2. When is a discretionary bonus properly payable?

3. How should the doctrine of mitigation of damage be applied in discrimination cases?

These

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MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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