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Employment law brief: 26 June 2008

26 June 2008 / Ian Smith
Issue: 7327 / Categories: Features , Discrimination , Terms&conditions , Employment
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STATUTORY INTERPRETATION
PRINCIPLE
NIT-PICKING

Employment law can be a curious mixture of several things—the topical and the mundane, the ancient and the modern, the fascinating and the mind-numbingly tedious (no prize offered for nominations for the latter category). The mixture particularly notable this month is that between cases involving broad questions of principle and those involving nit-picking points of statutory interpretation. While we should not be too dismissive of the latter (after all, on one occasion many years ago a case went to the House of Lords under the merchant shipping legislation to decide whether the word “or” means “or”, or “and”, or “and/or”, with the whole validity of a prosecution depending on it—“the master or owner may be prosecuted”, and one already had been) the contrast remains an interesting one.

PRINCIPLE (1): BASIS OF A CONTRACT
The element of personal service has figured significantly in many of the recent cases on employment status, but the decision of the Employment Appeal Tribunal (EAT) under Elias P in Ellis v M&P

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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 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
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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