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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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NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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