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Employment law brief: 14 February 2025

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

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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