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NLJ this week: Employment conundrums of interpretation, prohibited conduct & part-timers

09 August 2024
Issue: 8083 / Categories: Legal News , Employment , Tribunals
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A trio of employment cases appear in this week’s NLJ employment brief, covering interpretation of the national minimum wage, prohibited conduct in chambers, and less favourably treated part-time workers

Ian Smith, of Norwich Law School, UEA, highlights the tax office’s ‘stringent approach’ to the rules in the first case, ‘which, it was accepted, hit an employer with no evil intent and resulted in the closure of a scheme meant to benefit the workers (none of whom, as far as one can see from the judgment, had objected to it)’.

The second case is an ‘important decision’ on s 111 of the Equality Act 2010 on instructing, causing or inducing discrimination. It concerns the extent to which a chambers may have been influenced by the campaign group, Stonewall, in their treatment of a barrister because of her beliefs on sex and gender.

Last but not least, Smith covers ‘the latest contribution to the difficult question as to whether any less favourable treatment must be “solely” because of the part-time status’. Here, jurisdictional complications arose from case law north and south of the Tweed.

Issue: 8083 / Categories: Legal News , Employment , Tribunals
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MOVERS & SHAKERS

Myers & Co—Jen Goodwin

Myers & Co—Jen Goodwin

Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

Boies Schiller Flexner—Lindsay Reimschussel

Firm strengthens international arbitration team with key London hire

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

NEWS
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
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