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14 April 2011 / Ian Smith
Issue: 7461 + 7462 / Categories: Features , Tribunals , Employment
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Working matters

Ian Smith reports on fixed-term employees legislation & an EAT decision on dismissal justification

On the legislative front the month up to the beginning of April was a busy one. In an exercise in business-friendly retrenchment, the government provided that flexible working rights are now not to be extended to all parents of children under 18, that the right to time off for study or training is not to be extended to those employed by employers of less than 250 employees and that the “two-tier workforce” code of practice applying to local authorities is now revoked.

On a more positive note, the equality duties in the Equality Act 2010 come into force (albeit that the underpinning regulations are subject to further consultation with a view to a July start, in shorter form), the new employment-related codes (on employment issues generally and specifically on equal pay) come into force on 6 April (which also sees the repeal of the old ones under the specific legislation on sex, race, etc) and the annual social security

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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