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08 March 2018 / Ian Smith
Issue: 7784 / Categories: Features , Employment
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Employment law brief: 8 March 2018

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At last! Ian Smith brings clarity & some common sense to working hours, terms & divisions

  • Statutory rights for agency workers.
  • Employer knowledge and opinion.
  • Division, practice & procedure.

Clarification is the name of the game in the three cases covered in this update:

(i) that an agency worker’s statutory rights to (certain) equal terms cannot be bought out by paying a higher hourly rate (but also that the phrase ‘duration of working time’ does not mean that the agency worker must be hired to work the same number of hours as a permanent worker);

(ii) that an employer in a disability case may reasonably rely on advice from an occupational health or other similar department, as long as it does not just rubber stamp it; and

(iii) that a contract action brought before a tribunal under the Extension of Jurisdiction Order must be against the employer itself, not some other party. In a sense, all of these seem fairly obvious but, although the decisions all come down on that common sense side, the arguments in them show

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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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