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Home or away: workplace disputes

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Work-from-home claims are on the rise, & practitioners need to prepare for the fallout, say Rachel Crasnow KC & Imogen Brown

Sets out the main reasons employees are likely to request remote working, and how best to navigate the legal issues arising where the interests of employee and employer clash.


With a general election just around the corner, one political battleground is likely to be home working. In May 2023, it was reported by the Telegraph that Labour had plans to make home working a legal right if they came into power. In Labour’s recent Plan to Make Work Pay, it is similarly said that flexible working will be the ‘default from day one for all workers’, implying they intend to introduce a legal right to it. Conversely, in November 2023, the Conservatives’ Jacob Rees-Mogg was reported to have left notes on the desks of civil servants who were working from home. ‘Sorry you were out when I visited. I look forward to seeing you

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MOVERS & SHAKERS

Newcastle & North of England Law Society—Lesley Fairclough

Newcastle & North of England Law Society—Lesley Fairclough

Ward Hadaway partner becomes bicentennial president following regional merger

Devonshires—four promotions

Devonshires—four promotions

Firm promotes four senior associates to partner in annual round

Fieldfisher—John McElroy & Daniel Hayward

Fieldfisher—John McElroy & Daniel Hayward

Co-heads of dispute resolution practice appointed alongside partner promotions

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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