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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 the

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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