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11 February 2022 / Ian Smith
Issue: 7966 / Categories: Features , Employment
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Employment law brief: 11 February 2022

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Ian Smith draws inner strength from a great statesman &  tackles the impenetrable conundrum that is unjust enrichment & quantum meruit
  • Quantum meruit not enforceable in an employment tribunal.
  • Worker definition—the professional or business undertaking element.
  • Definition of working time—meaning of ‘working time’.

Many years ago, in the early years of our then membership of what became the EU when EU law started to flow up the estuaries and into the rivers (per Lord Denning), your humble author attended a conference to introduce English lawyers into the mysteries of this new legal regime. One of the speakers was the president of the European Court of Justice (ECJ) who was giving a lecture on the novel concept of direct effect of directives and why they bound national governments which could not benefit from their own failure to transpose them. Perhaps due to baffled looks in the audience, this very learned judge tried a domestic analogy. He said: ‘It is like your own concept of estoppel,’ at which a hundred English lawyers’ heads slumped into their hands with a collective ‘Oh s**t’.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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