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11 April 2014 / Ian Smith
Categories: Features , Employment
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Employment law brief: 11 April 2014

Ian Smith considers the latest employment law developments

The last month has seen two important legislative developments now in the pipe line. Also, two Court of Appeal decisions have clarified points of interpretation on the “ancillary provisions” part of the Equality Act 2010 (EqA 2010). They are welcome for at least two reasons: (i) these are points of law that were causing some uncertainty; and (i) they show that we are at last now having case law reach us under EqA 2010 rather than the seven previous pieces of legislation (on equal pay, sex, race, disability, religion/belief, sexual orientation and age), which are finally about to be removed from Harvey after a mere four transitional years (!). Lastly, mention is made of an Employment Appeal Tribunal (EAT) decision on internal disciplinary appeals which looks odd at first, is in fact quite logical but may need careful handling as a precedent.

Legislative changes in force from 6 April

1) Early conciliation and financial penalties on employers

The Commencement (No 5) Order (SI 2014/253) to the

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

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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