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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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