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13 October 2023 / Ian Smith
Issue: 8044 / Categories: Features , Employment
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Employment law brief: 13 October 2013

142623
In the EAT, as in life, the pendulum may ‘swing’ one way or the other, and then later swing back. Ian Smith explains all in this month’s update
  • Termination by agreement as an alternative to dismissal (Riley v Direct Line Insurance Group plc).
  • Time limit in a case of failure to do something (Fernandez v Department of Work and Pensions).
  • The form of employment tribunal judgments and the attitude of the Employment Appeal Tribunal to them (Edwards v Pick Everard).

The question as to the extent to which appellate courts and tribunals should give guidance to employment tribunals (ETs) on particular areas of employment law has historically shifted around. After unfair dismissal came in in 1972, there followed a period of judicial activism in this area, given that it was entirely new law and the aim was to ensure a reasonable level of consistency between ETs in different parts of the country in relation to frequently-recurring employment problems. This can still be seen in formative

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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