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15 October 2015 / Ian Smith
Issue: 7672 / Categories: Features , Employment
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Employment law brief: 15 October 2015

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Ian Smith provides a round-up from the coalface

Four cases have been chosen for this column in order to keep us all amused and free from suicidal thoughts as the darker autumn days are upon us. They all concern mainstream areas of employment law and have a certain theme, namely as being to some degree shots across the bow to both sides of the employment contract. The first case is a warning to agency workers that their legal protection, while important, does have limits, especially where in conflict with the greater rights of permanent staff. The second case suggests a possible complication for employers in relation to an employee’s right to accompaniment at a disciplinary hearing; those advising employers will have to hope that it is actually a one-off on odd facts (especially as it was a common law claim, not heard by the specialist Employment Appeal Tribunal which just might have come to a different conclusion). The third case is yet another example of a hard line being taken on the dismissal of an employee for highly unfortunate remarks posted on social

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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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