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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

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
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The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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
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