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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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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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