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Give me a break!

Ian Smith checks out the latest disputes in the world of employment law

September saw some movement on the government’s overall review of employment law, with an announcement by the Department of Business, Innovation and Skills (as part of its cutting red tape agenda) that charging for tribunal applications is to go ahead, and there is to be consultation on raising the unfair dismissal qualifying period to two years and on repealing the Equality Act 2010 (EqA 2010), s 40(2), which imposes liability on employers for harassment of employees by third parties, such as customers or clients. On the case law front, we have seen developments in two well-known pieces of litigation on diverse issues on working time; in addition there has been an interesting Employment Appeal Tribunal (EAT) decision on the difficult issue of forcing through pay cuts as part of a business plan.

The sky’s the limit

As the litigation in what is now Williams v British Airways plc C-155/10 proceeded through the domestic courts, it tended

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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