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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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