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14 February 2025 / Ian Smith
Issue: 8104 / Categories: Features , Employment , Tribunals , Discrimination
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Employment law brief: 14 February 2025

208119
No laughing matter: in this month’s brief, Ian Smith sets out guidance on damages awarded for hurt feelings & considers the scope of the Blacklisting Regulations
  • The impact of contributory action by the employee on the question of re-employment.
  • Guidance on making awards for injury to feelings.
  • Blacklists: do the activities of a trade union include industrial action?

The last month saw the coming into force of the Employment Tribunal Procedure Rules 2024 (SI 2024/1155) on 6 January and the commencement of the Neonatal Care (Leave and Pay) Act 2023 on 17 January. One difference between them is that the new rules are complete in themselves (with no transitional provisions), whereas the Act is almost entirely of a regulation-making nature, with the actual schemes to be set out in secondary legislation. The word is that the government intends this to be done by April, so watch this space.

It’s a funny old thing, legislative intent. The government are getting heavily into the idea of deregulation,

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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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