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Employment law brief: 11 May 2017

11 May 2017 / Ian Smith
Issue: 7745 / Categories: Features , Employment
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Ian Smith navigates the crazy world of employment law

  • Revisiting claims for unlawful deductions from wages.
  • Ambiguous immigration status & unfair dismissal law.
  • National minimum wage entitlement of an on-call care worker—the latest episode.

What a crazy world we employment lawyers inhabit. You really cannot turn your back for a moment, even to make a cup of tea, without something new happening. It is why so many of us have a nervous tic while logging on to the Employment Appeal Tribunal (EAT) website. The first case considered in this Brief illustrates this fundamental truth.

There was reported in last month’s ‘Employment law brief’ the decision of Slade J in Agarwal v Cardiff University UKEAT/0210/16 (22 March, unreported) to the effect that in an action for unlawful deductions from wages under the Employment Rights Act 1996 (ERA 1996), s 13, a tribunal in deciding whether or not the disputed amount had been ‘properly payable’ may not interpret the contract of employment or decide whether a term is to be implied

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

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

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
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
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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