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11 July 2024 / Ian Smith
Issue: 8079 / Categories: Features , Employment , Tribunals
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Employment law brief: 12 July 2024

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With pre-election purdah offering a (brief) cessation of legislation, Ian Smith focuses on the work of the EAT and some fairly fundamental points of interpretation. Simples!
  • Fixed-term employment: when are successive contracts justified?
  • National minimum wage—when does time travelling count?
  • Redundancy—what are the requirements in a ‘pool of one’ case?
  • TUPE—when does commissioning count as an economic activity?

As employment lawyers enjoyed their one saving grace of the purdah period leading up to an election (ie, a cessation of legislation), the EAT has made up for it by producing useful judgments on some fairly fundamental points of interpretation. The cases selected for consideration this month can be summed up in four apparently simple questions: (i) when are successive fixed-term contracts exceeding in aggregate four years justifiable? (ii) when does time travelling count in applying the National Minimum Wage? (iii) what are the requirements for a fair redundancy dismissal in a ‘pool of one’ case? and (iv) in the TUPE context, when does commissioning qualify as an ‘economic activity’?

Successive contracts

By virtue of reg 8 of the Fixed-term

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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
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