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Employment law brief: 31 October 2013

31 October 2013 / Ian Smith
Issue: 7582 / Categories: Features , Employment
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Ian Smith ponders on relaxed harassment laws, TUPE transfers, parental leave & the meaning of trade union

On at least a symbolic level (for a government wanting to be seen to listen to employers’ concerns on employment law) the big news last month was legislative, with the repeal of a provision of discrimination law which had caused much adverse reaction from employers’ organisations. Much of the Equality Act 2010 was mere consolidation, but one significant extension of liability on employers was made by s 40(2)–(4), which enacted a novel form of vicarious liability, whereby an employer could become liable for harassment of one of its employees by a third party (in particular, a customer or client) where it had happened twice before (though not necessarily by the same third party) and the employer could not show it had taken reasonable steps to prevent it. At least in theory, this was a significant extension, in that historically you were only vicariously liable for the acts of someone you controlled. Moreover, on a more

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
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