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Employment law brief: 11 May 2017

11 May 2017 / Ian Smith
Issue: 7745 / Categories: Features , Employment
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Ian Smith navigates the crazy world of employment law

  • Revisiting claims for unlawful deductions from wages.
  • Ambiguous immigration status & unfair dismissal law.
  • National minimum wage entitlement of an on-call care worker—the latest episode.

What a crazy world we employment lawyers inhabit. You really cannot turn your back for a moment, even to make a cup of tea, without something new happening. It is why so many of us have a nervous tic while logging on to the Employment Appeal Tribunal (EAT) website. The first case considered in this Brief illustrates this fundamental truth.

There was reported in last month’s ‘Employment law brief’ the decision of Slade J in Agarwal v Cardiff University UKEAT/0210/16 (22 March, unreported) to the effect that in an action for unlawful deductions from wages under the Employment Rights Act 1996 (ERA 1996), s 13, a tribunal in deciding whether or not the disputed amount had been ‘properly payable’ may not interpret the contract of employment or decide whether a term is to be implied

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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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