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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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NEWS
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The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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
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