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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

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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