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Employment law brief: 4 November 2022

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Ian Smith rounds up the latest cases keeping him awake at night, including ‘pool of one’ redundancies, trade union justice & a Post Office postscript
  • Vital nature of consultation in ‘pool of one’ redundancy cases.
  • Importance of the statutory reversal of the burden of proof in discrimination cases.
  • Trade unions—disciplining, natural justice and the absence of bias.
  • Settlement agreements—when do they relate to ‘the particular proceedings’?

When most people are struck with the dreaded midnight wakeful period, they tend to lie there contemplating the meaning of life, the future of the UK economy, whether we will attain the round figure of 60 prime ministers by 2024, and who will go next in Strictly. On the other hand, your humble author lies there contemplating how to deal with ‘pool of one’ redundancy cases, how to apply the statutory reversal of the burden of proof in discrimination cases, what ‘pre-determination’ means in trade union disciplining cases and when settlement agreements can be used in

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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