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09 August 2024 / Ian Smith
Issue: 8083 / Categories: Features , Employment , Tribunals
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Employment law brief: 9 August 2024

185054
As he signs off for the summer, Ian Smith reflects on complex matters of interpretation, prohibited conduct & part-time status
  • National minimum wage: whether wage deductions were for a company’s own use and benefit (Commissioners for Revenue and Customs v Lees of Scotland Ltd [2024] EAT 120).
  • Prohibited conduct: instructing, causing or inducing discrimination (Bailey v Stonewall Equality Ltd [2024] EAT 119).
  • Part-time workers: whether the less favourable treatment must be ‘solely’ due to that status (Augustine v Data Cars Ltd [2024] EAT 117).

Fiat justitia et ruat coelum, as they always say in the pubs here in East Suffolk. This ancient injunction (let justice be done though the heavens fall) is usually invoked in major cases on high policy, but it could equally be relevant in the case of Commissioners for Revenue and Customs v Lees of Scotland Ltd [2024] EAT 120 applying a stringent approach to payment of the national minimum wage (NMW) which, it was accepted, hit an employer with no evil intent and resulted

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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