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Matters of authority

16 October 2008
Issue: 7341 / Categories: Features , Employment
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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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Hugh James—Phil Edwards

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Freeths—Melanie Stancliffe

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Lawyers’ liability practice strengthened with partner appointment in London

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Lawyers can no longer afford to ignore the metaverse, says Jacqueline Watts of Allin1 Advisory in this week's NLJ. Far from being a passing tech fad, virtual platforms like Roblox host thriving economies and social interactions, raising real legal issues
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
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
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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