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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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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