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14 January 2011 / Ian Smith
Issue: 7448 / Categories: Features , Employment
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Oscar time?

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Ian Smith presents four employment sparklers & a rant

In the month that the government issued the annual uprating order putting up the maximum basic award/redundancy payment to £12,000 and the maximum compensatory award to £68,400 (SI 2010/2926) and also announced the immediate demise of the previous government’s code of practice on the “two-tier workforce” in TUPE contracting-out cases, we also saw considerable judicial activity—enough to gladden the frosty hearts of employment lawyers up to their briefs in snow.

The president of the EAT gave important guidance in Mehta v CSA [2010] UKEAT/127/10 on the practice of reading out witness statements (largely to the effect that it is often not necessary) which should be consulted by practitioners and employment judges, especially as he suggests that regional variations in practice need to be reconsidered.

We also had useful further guidance by the EAT in South Manchester Abbeyfield Society v Hopkins [2010] UKEAT/79/10 on the vexed but economically significant question of when time on call attracts the national minimum wage. Thus, the choice of cases for

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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