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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

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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