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Employment law brief: 24 January 2025

24 January 2025 / Ian Smith
Issue: 8101 / Categories: Features , Employment , Tribunals , TUPE
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Ian Smith recommends a stiff drink & a towel around the head before plunging into the latest cases on TUPE, fair dismissal & enhanced compensation
  • Holiday pay: the effect of bankruptcy and an award of ‘interest like compensation’.
  • Breakdown of trust and confidence as a form of fair dismissal.
  • TUPE transfers and the right to object: a reappraisal.

We enter 2025 with the medium-term prospect of the Employment Rights Bill grinding its way through Parliament (with cries of ‘anti-business disaster’ from one side and ‘betrayal’ from the other), and the short-term reality of new Employment Tribunal Rules of Procedure (largely repeating the present ones, but with the delightful prospect for Harvey editors of changes in their numbering), which came into force on 6 January. The cases considered here are a fairly typical mixture of the sort that we tend to get across the employment law spectrum, each of which is significant in its own area. The first concerns the effect of bankruptcy on a holiday

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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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