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08 August 2013 / Ian Smith
Issue: 7572 / Categories: Features , Employment
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Hard work

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The courts have performed some important employment work recently, notes Ian Smith

It is sometimes said that senior civil servants should not be allowed near sharp-pointed scissors. It could certainly be argued at the end of July that they should not be let loose near important Regulations that employment lawyers need to know about. After trumpeting that much new law was due to come into force on 29 July, one set of Regulations was not published until the following day and another until even later. Apparently, with the former they had phrased commencement in terms of “the day after it is made” (a modern tendency), which of course meant it had to be “made” on 28 July (even if not published to us plebs); this in turn means that we at the sharp end at least had the satisfaction of knowing that it had ruined some mandarin’s Sunday.

As far as case law is concerned, two important decisions are covered here—one settling a difficult point of TUPE law (only one? Damn) but this time largely

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NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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