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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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