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09 February 2024 / Ian Smith
Issue: 8058 / Categories: Features , Employment
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Employment law brief: 9 February 2024

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Attention, TUPE geeks! Ian Smith talks us through a transfer case with a difference, as well as the latest employment developments
  • The common law defence of novus actus interveniens.
  • Three computational issues in unfair dismissal compensation.
  • TUPE: effect of the transfer of perpetrator, not the claimant.

The current flurry of employment-related legislation continued last month, with (i) changes to immigration law to introduce a new code of practice for employers and an increase in the administrative penalty for getting it wrong from £20,000 to £60,000, as from 13 February; (ii) the removal of the ‘family-related workers’ national minimum wage exception, as from 1 April; (iii) new rules on the composition of employment tribunals (ETs) and the Employment Appeal Tribunal (EAT), full commencement dependent on the senior president of tribunals; and (iv) a revised Acas code of practice on flexible working, to be brought into force by order.

Also continuing is the governmental bad habit of late production of these changes. For example, the ET/EAT changes were published

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NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
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
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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’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
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’ 
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