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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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