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10 November 2023
Issue: 8048 / Categories: Legal News , Employment
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NLJ this week: Employment caselaw, holiday pay, Agnew & restraint of trade

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The eagerly-awaited Supreme Court decision of Agnew is the main subject of Ian Smith’s Employment law brief, in this week’s NLJ

Smith, barrister and emeritus professor of employment law at the Norwich Law School, UEA, looks at the key points and implications of the landmark case, Chief Constable of the Police Service of Northern Ireland v Agnew [2023] UKSC 33, on the ability to claim unpaid holiday pay for a period into the past. Smith writes: ‘It is suggested that one subsidiary aspect of the decision may indirectly open up such backdating even further.’

Smith also considers caselaw on restraint of trade, but from a specific angle—that where ‘some other aspect of employment (short of a formal restraint clause) acts as an unlawful restraint. This is sometimes referred to as an indirect restraint, on which there is some, but not much, authority’. 

Issue: 8048 / Categories: Legal News , Employment
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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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