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15 October 2015 / Ian Smith
Issue: 7672 / Categories: Features , Employment
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Employment law brief: 15 October 2015

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Ian Smith provides a round-up from the coalface

Four cases have been chosen for this column in order to keep us all amused and free from suicidal thoughts as the darker autumn days are upon us. They all concern mainstream areas of employment law and have a certain theme, namely as being to some degree shots across the bow to both sides of the employment contract. The first case is a warning to agency workers that their legal protection, while important, does have limits, especially where in conflict with the greater rights of permanent staff. The second case suggests a possible complication for employers in relation to an employee’s right to accompaniment at a disciplinary hearing; those advising employers will have to hope that it is actually a one-off on odd facts (especially as it was a common law claim, not heard by the specialist Employment Appeal Tribunal which just might have come to a different conclusion). The third case is yet another example of a hard line being taken on the dismissal

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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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