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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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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
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
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