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Employment law brief: 14 April 2016

14 April 2016 / Ian Smith
Issue: 7694 / Categories: Features , Employment
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Ian Smith rounds up the latest developments in the world of employment law

The four Employment Appeal Tribunal (EAT) cases considered this time reflect a common mixture in employment law of ancient and modern. The first three concern longstanding issues in basic individual employment law, namely: (i) the relationship between constructive dismissal and overall unfairness; (ii) how a tribunal should deal with a sickness case where the allegation is that the employee has been indulging in an unacceptable element of lead-swinging; and (iii) returning to constructive dismissal, how it should be applied in a redundancy (as opposed to unfair dismissal) context. The fourth case, however, concerns a very modern concept, namely salary sacrifice schemes, and how they fit into existing law. The particular issue, on which there has been some speculation recently, was whether childcare benefits supplied under such a scheme continue to accrue during maternity leave. The EAT, holding that they do not, considers the essential nature of such schemes and holds that they constitute “remuneration” for statutory purposes. This is an interesting

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MOVERS & SHAKERS

Slater Heelis—Chester office

Slater Heelis—Chester office

North West presence strengthened with Chester office launch

Cooke, Young & Keidan—Elizabeth Meade

Cooke, Young & Keidan—Elizabeth Meade

Firm grows commercial disputes expertise with partner promotion

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

NEWS
The House of Lords has set up a select committee to examine assisted dying, which will delay the Terminally Ill Adults (End of Life) Bill
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
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