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Employment law brief: 15 October 2015

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

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
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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
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