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Employment law brief: 21 April 2023

21 April 2023 / Ian Smith
Issue: 8021 / Categories: Features , Employment , Tribunals , Discrimination , Damages
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On the clock: in this month’s employment brief, Ian Smith discusses judges acting up, bonus bonanzas & failures to mitigate
  • Who is a part-time worker?
  • When is a discretionary bonus properly payable?
  • How should the doctrine of mitigation of damage be applied in discrimination cases?

The beginning of April saw the usual annual uprating of the employment protection remedies amounts (against the backdrop of a high retail price index increase of 12%), the social security benefit rates and the national living and minimum wage figures. In addition, new presidential guidance has increased the Vento bands for compensation for injury to feelings. These changes and the specific dates for their commencements are set out in Harvey Bulletin 537. Of particular interest in the last month’s case law are three Employment Appeal Tribunal (EAT) decisions addressing three particular questions:

1. Who is a part-time worker?

2. When is a discretionary bonus properly payable?

3. How should the doctrine of mitigation of damage be applied in discrimination cases?

These

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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