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Employment law brief: 24 July 2014

24 July 2014 / Ian Smith
Issue: 7616 / Categories: Features , Employment
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Ian Smith considers the latest employment law developments

In a month which saw newsworthy employment law innovations on the legislative front relating to the extension of flexible working requests to any employee with six months’ service (not just those caring for the young) and planned moves to ban exclusivity clauses in nil-hours contracts, the case law selected here reflects a rather standard issue in employment law, namely the interaction between the major statutory rights and their common law bases. They cover the law on penalty clauses in employment contracts, affirmation of contract by the employee in the face of employer repudiation, how final warnings operate when there has been a lapse in the timing and finally how the common law defence of illegality applies where the allegation is one of harassment.

Penalty clause or liquidated damage clause?

In Li v First Marine Solutions Ltd UKEAT/0045/13, a question arose as to whether a clause in the departing employee’s contract constituted an enforceable liquidated damages clause or an unenforceable penalty clause. The matter

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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