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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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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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