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30 October 2008
Issue: 7343 / Categories: Features , Employment
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An uncertain future

New flexible working arrangements will produce more litigation and uncertainty, says Juliet Carp

New maternity, paternity, adoption, flexible working and dependent leave rights have been announced by the European Commission. The proposed changes include: the minimum paid maternity leave offered by an employer increasing from 14 to 18 weeks; compulsory maternity leave increasing from two weeks to six weeks; the introduction of a new right to paternity leave; and the introduction of a new right to “filial” leave, eg to take care of an elderly parent.

The Commission currently aims to ensure that the revised Pregnant Workers Directive (PWD) is adopted next year, which would probably mean implementation of maternity-linked proposals in the UK by 2011. Implementation of the other proposals is likely to take longer. The UK already has family-related legislation that goes beyond the current minimum European requirements, so the changes would not all be new for us. However, the proposed changes would affect us in two ways. First, the government would need to ensure that employees are given new rights where we do not

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MOVERS & SHAKERS

NLJ Career Profile: Nick Vernon, Walkers Bermuda

NLJ Career Profile: Nick Vernon, Walkers Bermuda

Nick Vernon of Walkers on swapping Birmingham for Bermuda and building an employment practice by the sea

Bird & Bird—Christian Bartsch

Bird & Bird—Christian Bartsch

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Fletchers Group—Miriam Hall

Fletchers Group—Miriam Hall

Business appoints managing director of operational excellence

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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