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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

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

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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