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10 November 2023
Issue: 8048 / Categories: Legal News , Employment
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NLJ this week: Employment caselaw, holiday pay, Agnew & restraint of trade

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The eagerly-awaited Supreme Court decision of Agnew is the main subject of Ian Smith’s Employment law brief, in this week’s NLJ

Smith, barrister and emeritus professor of employment law at the Norwich Law School, UEA, looks at the key points and implications of the landmark case, Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33, on the ability to claim unpaid holiday pay for a period into the past. Smith writes: ‘It is suggested that one subsidiary aspect of the decision may indirectly open up such backdating even further.’

Smith also considers caselaw on restraint of trade, but from a specific angle—that where ‘some other aspect of employment (short of a formal restraint clause) acts as an unlawful restraint. This is sometimes referred to as an indirect restraint, on which there is some, but not much, authority’. 

Issue: 8048 / Categories: Legal News , Employment
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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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