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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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MOVERS & SHAKERS

Clarke Willmott—Anita Rasaratnam

Clarke Willmott—Anita Rasaratnam

Clarke Willmott strengthens social housing development offering with senior London appointment

Trowers & Hamlins—David Meecham

Trowers & Hamlins—David Meecham

Trowers strengthens Birmingham real estate team with partner hire

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan—Jennifer Ray & Louise Culleton

Blake Morgan expands private client and regulatory teams with new legal directors

NEWS
A mood of cautious optimism has enveloped the criminal law sector following indications the Prime Minister may abandon planned jury reforms
Helping to source the services and providers you need
The Senior Courts Costs Office has clarified that judges conducting detailed assessment proceedings cannot order security for costs—a ruling that may leave successful parties exposed to further litigation expense
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
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