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17 August 2016 / Ian Smith
Issue: 7712 / Categories: Features , Brexit , EU , Employment
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Employment law brief: 17 August 2016

Following the EU referendum, Ian Smith advises employment lawyers to keep calm & carry on

  • CJEU pronouncements on potentially important aspects of working time/annual leave law.
  • The effect of a successful appeal against dismissal.
  • Whose mind/motivation is to be imputed to the employer in a case of dismissal?

The more perceptive reader may have noticed certain political developments in the last couple of months that could have an impact in the future on our employment law. The key point at the moment is the word “future” because no-one knows how this will all eventually pan out, let alone when. From a purely legal point of view, the position currently is simple—nothing changes purely as a result of the referendum. The UK remains a full member of the EU, Directives continue to apply and the Court of Justice of the European Union (CJEU) retains its jurisdiction. Even when things start to change, we must bear in mind that (i) much of existing statutory employment law is home-grown anyway,

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Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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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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