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Play it again, Sam

25 November 2011 / Ian Smith
Issue: 7491 / Categories: Features , Tribunals , Employment
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Ian Smith explores some recent cases that reaffirm existing employment law

The last month has felt like something of a hiatus in employment law. We are still awaiting certain cases pending before the Supreme Court and European Court of Justice, and after a rush of activity from the government before the summer recess, concerning possible amendments to legislation, that area seems to have gone to sleep temporarily. Similarly, the case law reported has not contained any major pronouncements or bombshells. On the other hand, there has been some interesting stuff reaffirming existing law but with some twists or refinements. It is into that category that the four cases chosen for this column fall.

New methods or new job?

The decision of the Employment Appeal Tribunal (EAT) under Slade J in Smith v London Metropolitan University [2011] IRLR 884, [2011] All ER (D) 19 (Sep) establishes a potentially important point on the employee’s implied duty of reasonable adaptation and reiterates a point on whistleblowing already made by the same judge in

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NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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