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NLJ this week: Novus, causation & treats for TUPE geeks

09 February 2024
Issue: 8058 / Categories: Legal News , Employment
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It’s all about unfair dismissal, computation and TUPE in NLJ’s Employment law brief this week, as Ian Smith covers a trio of recent cases

A ‘flurry’ of legislative change is also highlighted. Changes in immigration law ushered in a new code of practice for employers, and the law changed regarding minimum wage exceptions, tribunal composition and flexible working.

Smith’s brief includes the use of novus actus interveniens, a common law defence usually used in contract and tort but here deployed in a case involving a teacher who alleged detriment due to whistleblowing.

Smith, emeritus professor of employment law at Norwich Law School, writes: ‘There have been allegations in the press for some time now of employers of employees in regulated employments using the threat (or, as here, the actuality) of reference to the regulator as a tactic in a dispute. This case shows that if an employer is found to have done so cynically and without good cause, the employee can expect full compensation.’

The other cases covered concern causation when calculating damages, and a TUPE case that raised a point of interpretation on which the judge said there had been no previous direct authority.

Issue: 8058 / Categories: Legal News , Employment
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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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