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14 February 2025 / Ian Smith
Issue: 8104 / Categories: Features , Employment , Tribunals , Discrimination
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Employment law brief: 14 February 2025

208119
No laughing matter: in this month’s brief, Ian Smith sets out guidance on damages awarded for hurt feelings & considers the scope of the Blacklisting Regulations
  • The impact of contributory action by the employee on the question of re-employment.
  • Guidance on making awards for injury to feelings.
  • Blacklists: do the activities of a trade union include industrial action?

The last month saw the coming into force of the Employment Tribunal Procedure Rules 2024 (SI 2024/1155) on 6 January and the commencement of the Neonatal Care (Leave and Pay) Act 2023 on 17 January. One difference between them is that the new rules are complete in themselves (with no transitional provisions), whereas the Act is almost entirely of a regulation-making nature, with the actual schemes to be set out in secondary legislation. The word is that the government intends this to be done by April, so watch this space.

It’s a funny old thing, legislative intent. The government are getting heavily into the idea of deregulation,

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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