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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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NEWS
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The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

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