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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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