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Employment law brief: 5 July 2018

05 July 2018 / Ian Smith
Issue: 7800 / Categories: Features , Employment
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​Ian Smith explains the importance of facts & keeping schtum

  • Immigration cases and the need still for fair procedure.
  • Dealing with outstanding disciplinary matters in references
  • Deductions from wages: what is properly payable in zero-hours contracts?

The most newsworthy development in the last month was, of course, the decision of the Supreme Court in Pimlico Plumbers Ltd v Smith [2018] UKSC 29, [2018] All ER (D) 65 (Jun). It was greeted with delight by the ex-plumber, and incandescence by the owner of Pimlico Plumbers; however, it is likely to have been greeted by most employment lawyers with a vague sense of disappointment. Some of the extensive media coverage of it supposed that it was an important case on the ‘gig economy’, but it is not (for that we await the decision of the Court of Appeal in the Uber case); it is primarily a case on the good old casual worker issue—self-employed or not? The twist here has been that the alternative to self-employment has been worker status, not

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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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