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22 February 2007 / Ian Smith
Issue: 7261 / Categories: Features , Employment
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Employment Law Brief: 23 February 2007

The case law in the last month has demonstrated a current approach to the statutory procedures that seems to vary from the weariedly explanatory to the downright exasperated.

The Department of Trade and Industry has announced a review of these ‘rebarbative’ (© Mr Justice Underhill) procedures. Apparently the Law Society has come straight out for complete repeal. Certain of Her Majesty’s justices may not be far behind them at the barricades. However, before looking at the latest pronouncements on this, it is worth considering two potentially important cases for practitioners on an employee’s implied duty to take on different work in an emergency—with the twist that this emergency was the employee’s own sickness—and on instances where an employee may not be able to bring a statutory action for deductions from wages.

IMPLIED OBLIGATION TO DO OTHER WORK

The old case of Millbrook Furnishing Industries Ltd v McIntosh [1981] IRLR 309 is authority that there may be an implied term that employees will undertake duties outside their contracts if:
(i) the work is suitable;

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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