header-logo header-logo

09 February 2024
Issue: 8058 / Categories: Legal News , Employment
printer mail-detail

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

157360
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
printer mail-details

MOVERS & SHAKERS

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

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
back-to-top-scroll