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11 March 2022 / Ian Smith
Issue: 7970 / Categories: Features , Employment
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Employment law brief: 11 March 2022

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Remembrance of things past: Ian Smith reflects on echoes from the past & unravels some current employment conundrums
  • Agency workers and the right to be notified of vacancies.
  • Fire and rehire, but could the contract term be changed at all?
  • Rolling forward pay for statutory holidays actually taken.

In the long-lost days of the Wilson government in the 1970s (which was often concerned with seeking pay accords with the unions), employment law was bestrode by the ubiquitous character, Solomon Binding. He, or his application to ‘solemn and binding agreements’ contained in collective bargains, rapidly went out of fashion in the 1980s, but the second case considered here has a curious echo of this—with an employer actually being held to an agreement made with its staff that a new benefit was meant to be binding into the future. Moreover, this was done in a common law action in the High Court, not in employment tribunal proceedings. As Brian Blessed might boom: ‘Solomon’s alive!’

The other two cases are Court of

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MOVERS & SHAKERS

Taylor Rose—Jessica Draganescu & Emily Hewlett

Taylor Rose—Jessica Draganescu & Emily Hewlett

Firm strengthens growth strategy and group litigation capability with senior hires

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
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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