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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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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