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Keeping up with the Joneses (& TUPE)!

16 July 2015 / Ian Smith
Issue: 7661 / Categories: Features , Employment
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Ian Smith recommends some light reading

Employment lawyers wondering what reading matter to pack as they head for their foreign holidays might well be advised to include a copy of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE). Not only will this look incredibly cool on trendy beaches, transforming them instantly from nerds into babe/hunk magnets, but it might even give them an outside chance of keeping up with the law in this notorious area. Two cases are reported in this month’s column, both on basic questions which in any sane area of law would have been settled 20 years ago.

Also selected this month are a Court of Appeal decision on an important point on the definition of indirect discrimination and a rare case on the Information and Consultation of Employees Regulations 2004 (SI 2004/ 3426) which shows a distinction from the much more widely used rules on collective redundancy consultation, which could be doubly disadvantageous to employees.

TUPE (1)

One requirement of a service provision

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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