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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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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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