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20 June 2013 / Ian Smith
Issue: 7565 / Categories: Features , Employment
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Ever increasing circles

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Ian Smith reports on the secular, spiritual & circular nature of employment law

We have been graced this last month with two decisions by the Supreme Court on employment matters. Both concerned relatively esoteric areas of the law, but ones in which decisions at the highest level are welcome.

Church matters

Employment law sometimes seems to develop in large, lazy circles. The direction of that development in relation to the legal status of religious ministers has in recent years been towards the extension of employment status, in spite of a couple of older authorities pointing away from such status which looked increasingly anomalous (though not actually reversed). The decision of the Supreme Court (by a 4-1 majority) in President of the Methodist Conference v Preston [2013] UKSC 29 has now reversed that direction and taken us back to what originally appeared to be the case, namely that: (i) there is no rule against employment status for a minister; (ii) there is no presumption against it; but (iii) likewise it is impossible to generalise and it will all depend on the facts and arrangements

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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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