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Employment law brief: 30 June 2016

30 June 2016 / Ian Smith
Issue: 7705 / Categories: Features , Employment
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Ian Smith examines cases from a smorgasbord of employment areas

  • Casual workers and their rights (or lack thereof) under the discrimination legislation.
  • Settling a hitherto open point on damages for breach of working time rights.
  • Discrimination statute: discriminatory policies and the perennial question of territorial jurisdiction.
  • Check-off system for the collection of union dues by the employer.

Five cases have been chosen for this month’s brief, from widely different areas. The most first and important concerns casual workers and their rights (or lack thereof) under the discrimination legislation. In it, the Court of Appeal disapproved of a move towards greater protection for such workers that had been proposed in an innovative decision of Judge Clark in the Employment Appeal Tribunal (EAT). Those advising such clients will want to read it carefully. The good news is that ultimately these are still matters of fact in individual cases, but the bad news is the emphasis against “employee/worker” status if there is lack of mutuality. The second case settles a hitherto

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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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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