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12 March 2015 / Ian Smith
Issue: 7644 / Categories: Features , Employment
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Employment law brief: 12 March 2015

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Ian Smith reflects upon the impact of recent employment law developments

First instance decisions need to be treated with some reserve as authorities, even in employment law, but two this month deserve consideration on grounds of law, not fact. The first shows that it may be possible for employees annoyed by a unilateral change in their contracts to seek a remedy by way of declaratory relief; this has always been possible but rarely used and the first case this month shows it might be useful where the changes do not involve any immediate, quantifiable, loss of wages. The second concerns setting up in competition with the employer and raised three issues of law, one of which (unusually in this context) points out an easily-overlooked trap for an employee when relying on the idea of constructive dismissal in a common law case. Two Court of Appeal decisions are then considered. The first arose from the eternal problem of employment status and was the second time this protracted litigation had been there. 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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