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Employment law brief: 28 June 2024

28 June 2024 / Ian Smith
Issue: 8077 / Categories: Features , Employment , Tribunals
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Next week’s election may result in changes to employment law, but the existing law continues to present novel issues of interpretation, says Ian Smith
  • Case one considers whistleblowing detriment and establishing the reason in an organisation.
  • Case two is about considering alternative employment in a medical incapability case.
  • Case three contains an important point about the liability of employees in a discrimination case.

With much emphasis, as I write, on possible new employment laws after the election, and speculation as to what Labour would do whether within the first 100 days or not (answers please on a postcard to the editor), it is sobering to be reminded that the existing law can still throw up novel issues of interpretation.

The first case considered this month shows this in spades. It concerns the question of how an organisation can fall foul of the law against imposing detriments (other than dismissal) on an employee. Some of this hinges on a legislative change made 11 years ago but only now coming to the

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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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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