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11 January 2007 / Ian Smith
Issue: 7255 / Categories: Features , Employment
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Employment law brief: 12 January 2007

Ian Smith explains why 2006 went out with a bang

If only to make Christmas and New Year a time of even greater gloom and unremitting misery for the average Harvey-editor-in-the-street, 2006 insisted on going out with something of a bang. An element of judicial desk clearing led to a flurry of case law on important topics, right up to the close of play before the break. The timing of this was only topped by those awfully nice people at HM Revenue & Customs who managed once again to include in the very last post their Merry Christmas missive with its customary demand for money with menaces.

In among this recent case law, three cases stand out and are considered here. The first is a decision of the Employment Appeal Tribunal (EAT) under Mr Justice Elias (President) giving guidance to tribunals on the thorny question of when a long-serving agency worker transmutes into a direct
employee of the client; the gist of this guidance is to be much more cautious than previous

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

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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