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19 January 2024 / Ian Smith
Issue: 8055 / Categories: Features , Employment
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Employment law brief: 19 January 2024

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The end of 2023 brought a blizzard of new legislation & some thorny EAT decisions. Ian Smith sweeps through them with gusto
  • The ACAS Code of Practice uplift.
  • The relevance of delay in constructive dismissal.
  • Employers’ policy in sickness dismissal.

December saw a flurry of employment-related legislation. This was partly to preserve certain EU-derived provisions that may have lapsed on the ending of EU law interpretation at the end of 2023, partly to flesh out the new provisions on minimum service levels during strikes (which are only just starting to prove controversial politically) and partly to transform requesting flexible working into a day-one right (see Harvey, Bulletin 546). In addition, we have seen three Employment Appeal Tribunal (EAT) decisions addressing three common but not always easy areas of law, namely: the statutory uplift of compensation for not following the ACAS Code of Practice; affirmation of contract in constructive dismissal cases; and the relevance of an employer’s policy in a sickness dismissal case. In each, the judgment adds some important

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NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

NLJ this week: Civil procedure gets a spring overhaul
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
NLJ this week: Why GP complaints are going nowhere
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
NLJ this week: Prenups meet a jurisdictional brick wall
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
NLJ this week: Has Rylands v Fletcher come back from the dead?
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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