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Employment law brief: 12 May 2023

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Wearing too many hats? In this month’s brief, Ian Smith addresses the confirmation of the rule against multiple employers, lingering COVID fears at work, & civil proceedings orders
  • Affirmation of the general rule against multiple employers.
  • Health and safety protection and COVID fears.
  • Civil proceedings orders in employment tribunals.
  • Recusal of an Employment Appeal Tribunal side member.

The cases covered in this month’s epistle to the terminally confused do not raise fundamental issues, but rather add interesting points to established areas—how the rule against multiple employers applies to an employee seconded to act as a full-time union officer; what are the limits of the statutory health and safety protections in a case of fears of COVID; what are the effects of a civil procedure order if the claimant appears to act in contravention of it; and when should a side member be recused from sitting, not because of their personal views but because of the organisation to which they belong?

Multiple employers

The decision

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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
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
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
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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