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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—Michael Conway

Birketts—Michael Conway

IP partner joins team in Bristol to lead branding and trade marks practice

Blake Morgan—Daniel Church

Blake Morgan—Daniel Church

Succession and tax team welcomes partner inLondon

Maguire Family Law—Jennifer Hudec

Maguire Family Law—Jennifer Hudec

Firm appoints senior associate to lead Manchester city centre team

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
Pension sharing orders (PSOs) have quietly reached their 25th anniversary, yet remain stubbornly underused. Writing in NLJ this week, Joanna Newton of Stowe Family Law argues that this neglect risks long-term financial harm, particularly for women
A school ski trip, a confiscated phone and an unauthorised hotel-room entry culminated in a pupil’s permanent exclusion. In this week's issue of NLJ, Nicholas Dobson charts how the Court of Appeal upheld the decision despite acknowledged procedural flaws
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
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