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NLJ this week: Novus, causation & treats for TUPE geeks

09 February 2024
Issue: 8058 / Categories: Legal News , Employment
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It’s all about unfair dismissal, computation and TUPE in NLJ’s Employment law brief this week, as Ian Smith covers a trio of recent cases

A ‘flurry’ of legislative change is also highlighted. Changes in immigration law ushered in a new code of practice for employers, and the law changed regarding minimum wage exceptions, tribunal composition and flexible working.

Smith’s brief includes the use of novus actus interveniens, a common law defence usually used in contract and tort but here deployed in a case involving a teacher who alleged detriment due to whistleblowing.

Smith, emeritus professor of employment law at Norwich Law School, writes: ‘There have been allegations in the press for some time now of employers of employees in regulated employments using the threat (or, as here, the actuality) of reference to the regulator as a tactic in a dispute. This case shows that if an employer is found to have done so cynically and without good cause, the employee can expect full compensation.’

The other cases covered concern causation when calculating damages, and a TUPE case that raised a point of interpretation on which the judge said there had been no previous direct authority.

Issue: 8058 / Categories: Legal News , Employment
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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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