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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

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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