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14 April 2016 / Ian Smith
Issue: 7694 / Categories: Features , Employment
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Employment law brief: 14 April 2016

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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