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31 October 2013 / Ian Smith
Issue: 7582 / Categories: Features , Employment
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Employment law brief: 31 October 2013

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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