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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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