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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

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Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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