header-logo header-logo

Employment law brief: 24 August 2015

24 August 2015 / Ian Smith
Issue: 7666 / Categories: Features , Employment
printer mail-detail
nlj_7666_smith

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll