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Employment law brief: 8 August 2019

08 August 2019 / Ian Smith
Issue: 7852 / Categories: Features , Employment
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Ian Smith gets serious before the publishing break with a fundamental review of the law
  • The Supreme Court in Tillman v Egon Zehnder Ltd [2019] UKSC 32 has reformulated the law on severance of unreasonable elements in clauses.

Unusually for this column (or, as a Dean of my old Law School used to refer to it, ‘Smith’s monthly rant’) this month it concentrates on just one case because it is of such importance and interest in revisiting an area (whether an invalid element in a restraint of trade clause in a contract of employment can be severed and the rest enforced) which has been untouched by the highest courts for decades. In doing so, the judgment overturns a 99-year-old leading authority with which we were all brought up. The case seems to be pro-employer in its result (relaxed rules on severance) but arguably the position is more nuanced than that. Moreover, not surprisingly given the fundamental nature of the rethink of the law here, there are aspects which will no

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MOVERS & SHAKERS

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

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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