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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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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