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14 April 2016 / Ian Smith
Issue: 7694 / Categories: Features , Employment
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Employment law brief: 14 April 2016

Ian Smith rounds up the latest developments in the world of employment law

The four Employment Appeal Tribunal (EAT) cases considered this time reflect a common mixture in employment law of ancient and modern. The first three concern longstanding issues in basic individual employment law, namely: (i) the relationship between constructive dismissal and overall unfairness; (ii) how a tribunal should deal with a sickness case where the allegation is that the employee has been indulging in an unacceptable element of lead-swinging; and (iii) returning to constructive dismissal, how it should be applied in a redundancy (as opposed to unfair dismissal) context. The fourth case, however, concerns a very modern concept, namely salary sacrifice schemes, and how they fit into existing law. The particular issue, on which there has been some speculation recently, was whether childcare benefits supplied under such a scheme continue to accrue during maternity leave. The EAT, holding that they do not, considers the essential nature of such schemes and holds that they constitute “remuneration” for statutory purposes. This is an interesting

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MOVERS & SHAKERS

Cripps—Radius Law

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Commercial and technology practice boosted by team hire

Switalskis—Grimsby

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Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

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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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