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01 January 2009 / Ian Smith
Issue: 7350+7351 / Categories: Features , Discrimination
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Benefits & ageism

Ian Smith contemplates some murky borderlines

The principal news in recent employment law has been the Employment Act 2008 receiving Royal Assent. The all-important provisions repealing the statutory disciplinary and grievance procedures are to be brought into force by order, but the word on the street is that April 2009 is still the target date. With this in view, the other piece of news at this level is that the new ACAS Code of Practice No 1 (on discipline and grievance) has been published and is on the ACAS website (www.acas.org.uk)This is the finalised version which has now been put before Parliament for approval, again with April in mind.

However, there is one other piece of news of some interest, in relation to a particular case. There was reported in this briefi ng on 15 August (158 NLJ 7334, p 1162) the decision of the Court of Appeal in Allen v GMB [2008] EWCA 810, [2008] All ER (D) 207 (Jul) holding the union liable for indirect sex discrimination in not pursuing fully certain female members’ rights to back pay in the

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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