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09 February 2024
Issue: 8058 / Categories: Legal News , Employment
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NLJ this week: Novus, causation & treats for TUPE geeks

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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

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Osbornes Law—Alex McMahon, Andrew Middlehurst & Harriet McMorrin

Homegrown hat-trick: Osbornes Law promotes three former trainees to partner

mfg Solicitors—Sarah Bradford

mfg Solicitors—Sarah Bradford

Partner arrival boosts law firm’s growing real estate team

Freeths—David Smith

Freeths—David Smith

Freeths secures major tax hire with appointment of David Smith

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