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Employment law brief: 12 August 2022

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12 August 2022 / Ian Smith
Issue: 7991 / Categories: Features , Employment
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Common law under attack? Ian Smith reports on the latest cases from the Court of Appeal & a particularly busy spell for Lord Justice Bean & Lady Justice Simler
  • No limit on the power to terminate on proper notice.
  • Upholding the ‘least burdensome’ principle.
  • Explaining the separability principle.

The last month has seen two awaited decisions of the Supreme Court, in Harpur Trust v Brazel [2022] UKSC 21, [2022] All ER (D) 72 (Jul) on the statutory holiday pay entitlement of a part-year (as opposed to a part-time) worker, and in Basfar v Wong [2022] UKSC 20, [2022] All ER (D) 15 (Jul) on the application of diplomatic immunity in cases of alleged modern slavery (also of interest as it is the first leapfrog appeal from the Employment Appeal Tribunal (EAT) directly to the Supreme Court). These will doubtless be debated elsewhere. The cases considered in this brief were at Court of Appeal level and considered important principles of the common law of employment which in one way

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After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
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Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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