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08 October 2021 / Ian Smith
Issue: 7951 / Categories: Features , Employment
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Employment law brief: 8 October 2021

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This month, Ian Smith focuses on part-time and zero hours conundrums, and shares a tale of compulsory retirement from the city of dreaming spires
  • Part-timers—the reason for less favourable treatment. Effect of suspension on a zero-hours contract. Asserting statutory rights—a question of timing. Age discrimination justification—you pays your money and takes your choice.

The employment lawyer’s plea/cop-out ‘It’s all a question of fact’ can be seen writ large in the last cases considered here, both against Oxford University by compulsorily retired professors. Before these, there are cases this month on less favourable treatment of part-timers, the effect of a suspension on a person under a zero-hours contract (with the Employment Appeal Tribunal (EAT) going back on a previous but difficult case of its own) and the assertion of statutory rights (with the EAT suggesting a way around what could be a possible limitation on the claimant’s rights here).

Part-timers

The difference between the causation test of ‘but for’ and the motivation test of ‘on the ground that’ may seem

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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