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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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
The European Council has postponed the EU-UK summit, where discussions on a youth mobility scheme and other issues had been due to take place, due to Prime Minister Keir Starmer’s resignation
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