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A mixed bag

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Ian Smith combines an element of sanity with the esoteric & the notorious

This month’s column mainly covers two esoteric areas, of notorious difficulty. The first is the concept of a “service provision change’”, introduced into the 2006 version of the TUPE Regulations, initially as a simplification exercise in contracting-out cases, but now perhaps starting to be seen in its true colours (actually red—as “in tooth and claw”). The second is yet another case on equal pay comparison within local authorities, a matter which should be pronounced upon at last by the Supreme Court later this year. To restore a small element of sanity, the last case is a more standard one on tribunal procedure; it concerns a well known issue/irritant arising where an adjournment is requested (possibly not for the first time) on health grounds and its result may not be what employment judges would want to hear.

TUPE & service provision changes

The decision of Judge Clark in Enterprise Management Services Ltd v Connect-up Ltd [2011] UKEAT/0462/10 sums up much of the existing authority to date

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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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