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Employment law brief: 12 August 2022

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 or

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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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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