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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—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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