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13 November 2008
Issue: 7345 / Categories: Opinion , Employment
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The unbelievable truth

Absurd circumstances are a daily occurrence at the coalface of employment law, says Ian Smith

“A worker (admittedly not an employee) who had been investigated for misconduct following a police investigation claimed that he had been victimised because he had blown the whistle on a third party, but before these matters could come to a head he was made redundant under a procedure operating partly on LIFO. Discuss.”

One of the beauties of lecturing employment law is that you do not have to make up daft examples for illustrations or exam questions; they tend to arise naturally. In the fine tradition of academic exaggeration, the above facts did not occur this month in one case, but in four. However, we must never let the facts get in the way of a good story.

Redrow Homes: the continuing tale
Readers will recall that the case of Redrow Homes (Yorkshire) Ltd v Wright [2004] IRLR 720, [2004] 3 All ER 98 was one of those that emphasised that the “worker” definition in the Working Time Regulations 1998 (SI 1998/1833)

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MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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