header-logo header-logo

11 August 2023 / Ian Smith
Issue: 8037 / Categories: Features , Employment
printer mail-detail

Employment law brief: 11 August 2023

133399
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll