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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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NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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