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Employment law brief: 12 May 2023

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Wearing too many hats? In this month’s brief, Ian Smith addresses the confirmation of the rule against multiple employers, lingering COVID fears at work, & civil proceedings orders
  • Affirmation of the general rule against multiple employers.
  • Health and safety protection and COVID fears.
  • Civil proceedings orders in employment tribunals.
  • Recusal of an Employment Appeal Tribunal side member.

The cases covered in this month’s epistle to the terminally confused do not raise fundamental issues, but rather add interesting points to established areas—how the rule against multiple employers applies to an employee seconded to act as a full-time union officer; what are the limits of the statutory health and safety protections in a case of fears of COVID; what are the effects of a civil procedure order if the claimant appears to act in contravention of it; and when should a side member be recused from sitting, not because of their personal views but because of the organisation to which they belong?

Multiple employers

The decision

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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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