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Employment law brief: 19 April 2018

19 April 2018 / Ian Smith
Issue: 7789 / Categories: Features , Employment
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Ian Smith celebrates an anniversary & is proof that quality never goes out of fashion

  • The employment lawyers’ mantra: in employment there may simply be no definitive answer.
  • If an example is wanted, perhaps TUPE will suffice, where in advising a client you soon run out of law and start looking for a workable answer that is least likely to incur legal liability.

This month’s Brief constitutes something of a personal milestone, as it is my 200th column. To mark this, I thought it might be of interest to look back to the very first column and then at the 100th, to look for areas of development or alternatively continuity in this crazy subject of employment law. One of the problems of looking back is the frequent difficulty of combining a realisation of just how far we have come in a short time (including in this period the internet revolution and its effects on legal matters) with the opposite factor of how many problems and issues remain remarkably immutable.

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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
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
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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