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24 January 2025 / Ian Smith
Issue: 8101 / Categories: Features , Employment , Tribunals , TUPE
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Employment law brief: 24 January 2025

204792
Ian Smith recommends a stiff drink & a towel around the head before plunging into the latest cases on TUPE, fair dismissal & enhanced compensation
  • Holiday pay: the effect of bankruptcy and an award of ‘interest like compensation’.
  • Breakdown of trust and confidence as a form of fair dismissal.
  • TUPE transfers and the right to object: a reappraisal.

We enter 2025 with the medium-term prospect of the Employment Rights Bill grinding its way through Parliament (with cries of ‘anti-business disaster’ from one side and ‘betrayal’ from the other), and the short-term reality of new Employment Tribunal Rules of Procedure (largely repeating the present ones, but with the delightful prospect for Harvey editors of changes in their numbering), which came into force on 6 January. The cases considered here are a fairly typical mixture of the sort that we tend to get across the employment law spectrum, each of which is significant in its own area. The first concerns the effect of bankruptcy on a holiday

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Fieldfisher—Julian Balson

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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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