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06 June 2019 / Ian Smith
Issue: 7843 / Categories: Features , Employment
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Employment law brief: 6 June 2019

Ian Smith lays down the law on religious proselytising & safeguarding unwilling employees

  • Record keeping for working time purposes: problems ahead?
  • The effect of enhanced maternity pay.
  • Taming religious proselytising at work.
  • A paternalistic view of safety at work?

Decisions at higher court levels have dominated the last month’s case load in employment law. The ECJ have handed down a judgment on record keeping for working time purposes that may cause future problems here. In addition, the Court of Appeal have given judgment in cases concerning well-known problems relating to shared parental pay, the fluid boundary between holding religious views and unacceptable proselytising at work and the extent to which an employer may lawfully take steps to safeguard the employee’s health and safety even where that employee objects to those steps.

More records to be kept?

In Federacion de Servicios Comisiones Obreras v Deutsche Bank SAE C-55/18the ECJ have held that it is a requirement of EU law that employers maintain objective, reliable and accessible’ records allowing

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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

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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