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25 November 2011 / Ian Smith
Issue: 7491 / Categories: Features , Tribunals , Employment
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Play it again, Sam

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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
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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