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11 August 2023 / Ian Smith
Issue: 8037 / Categories: Features , Employment
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Employment law brief: 11 August 2023

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Before taking refuge in his beach hut, Ian Smith serves up a summer smorgasbord of Parliament, bias & demotion
  • Restricted rights in disciplinary hearings.
  • Continuation of the employment relationship; applying Hogg v Dover College.
  • Apparent bias and post-hearing conduct of a side member.

It has been a busy month on the legislative front. First, the Protection from Redundancy (Pregnancy and Family Leave) Act 2023 came into force on 24 July. It operates entirely by way of amendments to the Employment Rights Act 1996 (ERA 1996).

Secondly, the Employment Relations (Flexible Working) Act 2023 received royal assent. Its changes to existing law are that the employer will have to deal with a request within two months (unless an extension is agreed); an employee will be able to make two requests within a 12-month period; the employer will not be able to refuse a request until it has consulted the employee; and the employee will no longer have to explain what effects they think the change would have and how they

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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