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12 August 2022 / Ian Smith
Issue: 7991 / Categories: Features , Employment
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Employment law brief: 12 August 2022

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Common law under attack? Ian Smith reports on the latest cases from the Court of Appeal & a particularly busy spell for Lord Justice Bean & Lady Justice Simler
  • No limit on the power to terminate on proper notice.
  • Upholding the ‘least burdensome’ principle.
  • Explaining the separability principle.

The last month has seen two awaited decisions of the Supreme Court, in Harpur Trust v Brazel [2022] UKSC 21, [2022] All ER (D) 72 (Jul) on the statutory holiday pay entitlement of a part-year (as opposed to a part-time) worker, and in Basfar v Wong [2022] UKSC 20, [2022] All ER (D) 15 (Jul) on the application of diplomatic immunity in cases of alleged modern slavery (also of interest as it is the first leapfrog appeal from the Employment Appeal Tribunal (EAT) directly to the Supreme Court). These will doubtless be debated elsewhere. The cases considered in this brief were at Court of Appeal level and considered important principles of the common law of employment which in one way or another were under attack. My old chambers colleagues and leading

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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
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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