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16 July 2015 / Ian Smith
Issue: 7661 / Categories: Features , Employment
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Keeping up with the Joneses (& TUPE)!

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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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

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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