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09 February 2024 / Ian Smith
Issue: 8058 / Categories: Features , Employment
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Employment law brief: 9 February 2024

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Attention, TUPE geeks! Ian Smith talks us through a transfer case with a difference, as well as the latest employment developments
  • The common law defence of novus actus interveniens.
  • Three computational issues in unfair dismissal compensation.
  • TUPE: effect of the transfer of perpetrator, not the claimant.

The current flurry of employment-related legislation continued last month, with (i) changes to immigration law to introduce a new code of practice for employers and an increase in the administrative penalty for getting it wrong from £20,000 to £60,000, as from 13 February; (ii) the removal of the ‘family-related workers’ national minimum wage exception, as from 1 April; (iii) new rules on the composition of employment tribunals (ETs) and the Employment Appeal Tribunal (EAT), full commencement dependent on the senior president of tribunals; and (iv) a revised Acas code of practice on flexible working, to be brought into force by order.

Also continuing is the governmental bad habit of late production of these changes. For example, the ET/EAT changes were published on 29 January, having come into force on 27 January. Many

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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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