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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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