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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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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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