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26 June 2008 / Ian Smith
Issue: 7327 / Categories: Features , Discrimination , Terms&conditions , Employment
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Employment law brief: 26 June 2008

STATUTORY INTERPRETATION
PRINCIPLE
NIT-PICKING

Employment law can be a curious mixture of several things—the topical and the mundane, the ancient and the modern, the fascinating and the mind-numbingly tedious (no prize offered for nominations for the latter category). The mixture particularly notable this month is that between cases involving broad questions of principle and those involving nit-picking points of statutory interpretation. While we should not be too dismissive of the latter (after all, on one occasion many years ago a case went to the House of Lords under the merchant shipping legislation to decide whether the word “or” means “or”, or “and”, or “and/or”, with the whole validity of a prosecution depending on it—“the master or owner may be prosecuted”, and one already had been) the contrast remains an interesting one.

PRINCIPLE (1): BASIS OF A CONTRACT
The element of personal service has figured significantly in many of the recent cases on employment status, but the decision of the Employment Appeal Tribunal (EAT) under Elias P in Ellis v M&P

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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