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02 September 2011 / Ian Smith
Issue: 7479 / Categories: Features , Employment
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Does it work?

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Ian Smith surveys the latest developments in the employment law pipeline

This year has seen a quite remarkable number of employment related cases being given leave to appeal to the Supreme Court. Our highest court has made four judgments recently. Home Office v Tariq [2011] UKSC 35, [2011] All ER (D) 108 (Jul) is the least likely to trouble the high street solicitor in Truro, concerning as it did the rarified (but politically contentious) question of the legality of the special advocate procedure for national security cases. The result was not just a full endorsement of that procedure but also a holding that (contrary to the view of the Court of Appeal) there is no overarching requirement to give the claimant and his lawyers enough information to establish the “gist” of the allegations against him. The other three decisions concern the much more everyday issues of “sham” contracts, the unfair dismissal rights of those working abroad and the meaning of “employee” in discrimination law.

Ignoring unrealistic terms

The Supreme Court have given judgment in Autoclenz Ltd v Belcher [2011] UKSC 41, [2011]

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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