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Employment law brief: 8 October 2021

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

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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