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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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