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Employment law brief: 24 January 2025

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

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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