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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
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 
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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’
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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