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12 August 2022 / Ian Smith
Issue: 7991 / Categories: Features , Employment
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Employment law brief: 12 August 2022

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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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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
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NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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