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Employment law brief: 19 January 2024

19 January 2024 / Ian Smith
Issue: 8055 / Categories: Features , Employment
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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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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
In NLJ this week, Bea Rossetto of the National Pro Bono Centre marks Pro Bono Week by urging lawyers to recognise the emotional toll of pro bono work
Can a lease legally last only days—or even hours? Professor Mark Pawlowski of the University of Greenwich explores the question in this week's NLJ
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