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24 August 2015 / Ian Smith
Issue: 7666 / Categories: Features , Employment
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Employment law brief: 24 August 2015

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Ian Smith follows interesting turns of events at the Employment Appeal Tribunal

The end of the legal year saw a flurry of interesting cases in the Employment Appeal Tribunal (EAT). Three topics are considered here, involving five cases. The first adds an important qualification to a sick employee’s right to make back-claims for holiday and holiday pay not taken due to the sickness absence; it helps to clarify this evolving area, though it has to be said that the words “legislation” and “judicial” come to mind and one cannot help thinking that it would be much better if these matters had been sorted out in the Working Time Regulations themselves. This is followed by two pairs of cases. The first pair concerns the potentially difficult possibility for the employer of having (enforced) contractual changes challenged as unlawful age discrimination. The reasoning is consistent in the cases, which suggest in general a relatively pro-employer outcome, providing that it behaves with a modicum of fairness. The second pair of cases, however, show quite

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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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