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16 October 2008
Issue: 7341 / Categories: Features , Employment
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Matters of authority

Ian Smith provides a timely update on precedents

While it is always nice to have clear authority on a point at Court of Appeal, or even House of Lords' level, there are now so many points in modern employment law on which we need authority, that first instance decisions (at common law) or decisions of the Employment Appeal Tribunal (EAT) (in statutory matters) that do produce more light than heat are always most helpful, and can assume an importance in practical terms that would not be immediately obvious to a first year law student studying the system of precedent for the first time.

This month's column concerns three such cases: one on the common law on garden leave clauses (in a particularly sensitive context); one on an important point on the timing of statutory holidays; and one on an issue arising under the national minimum wage legislation that has a long history of difficulty under previous wage legislation and which became topical just as the case was being decided.
Garden leave and misconduct

“Absent an express provision

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MOVERS & SHAKERS

NLJ Career Profile: Nick Vernon, Walkers Bermuda

NLJ Career Profile: Nick Vernon, Walkers Bermuda

Nick Vernon of Walkers on swapping Birmingham for Bermuda and building an employment practice by the sea

Bird & Bird—Christian Bartsch

Bird & Bird—Christian Bartsch

Global firm re-elects CEO for second term

Fletchers Group—Miriam Hall

Fletchers Group—Miriam Hall

Business appoints managing director of operational excellence

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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