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24 July 2014 / Ian Smith
Issue: 7616 / Categories: Features , Employment
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Employment law brief: 24 July 2014

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Ian Smith considers the latest employment law developments

In a month which saw newsworthy employment law innovations on the legislative front relating to the extension of flexible working requests to any employee with six months’ service (not just those caring for the young) and planned moves to ban exclusivity clauses in nil-hours contracts, the case law selected here reflects a rather standard issue in employment law, namely the interaction between the major statutory rights and their common law bases. They cover the law on penalty clauses in employment contracts, affirmation of contract by the employee in the face of employer repudiation, how final warnings operate when there has been a lapse in the timing and finally how the common law defence of illegality applies where the allegation is one of harassment.

Penalty clause or liquidated damage clause?

In Li v First Marine Solutions Ltd UKEAT/0045/13, a question arose as to whether a clause in the departing employee’s contract constituted an enforceable liquidated damages clause or an unenforceable penalty clause. The matter

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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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