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Employment law brief: 11 August 2023

11 August 2023 / Ian Smith
Issue: 8037 / Categories: Features , Employment
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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
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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