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16 April 2015 / Ian Smith
Issue: 7648 / Categories: Features , Employment
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Employment law brief: 16 April 2015

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Ian Smith reviews the employment law landscape in the run-up to the election

March was a busy time legislatively, as Parliament cleared the decks prior to the election. Royal Assent was given on 26 March to the Small Business, Enterprise and Employment Act 2015, ss 147 to 153 of which cover equal pay transparency, whistleblowing (generally, and in relation to the NHS), financial penalties for failure to pay tribunal awards, a power to tighten the rules on postponements in tribunals, an increase in the financial penalty for failure to pay the national minimum wage and a ban on exclusivity clauses in zero hours contracts. These are to come into force by order, except for s 151 on postponements which came into force on Assent. Also receiving Royal Assent was the Deregulation Act 2015, s 2 of which will remove a tribunal’s power to make wide-ranging recommendations in the event of a successful claim of discrimination. As well as these statutory developments, the addition to the Trade Union and Labour Relations (Consolidation)

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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