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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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