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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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