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11 March 2022 / Ian Smith
Issue: 7970 / Categories: Features , Employment
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Employment law brief: 11 March 2022

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Remembrance of things past: Ian Smith reflects on echoes from the past & unravels some current employment conundrums
  • Agency workers and the right to be notified of vacancies.
  • Fire and rehire, but could the contract term be changed at all?
  • Rolling forward pay for statutory holidays actually taken.

In the long-lost days of the Wilson government in the 1970s (which was often concerned with seeking pay accords with the unions), employment law was bestrode by the ubiquitous character, Solomon Binding. He, or his application to ‘solemn and binding agreements’ contained in collective bargains, rapidly went out of fashion in the 1980s, but the second case considered here has a curious echo of this—with an employer actually being held to an agreement made with its staff that a new benefit was meant to be binding into the future. Moreover, this was done in a common law action in the High Court, not in employment tribunal proceedings. As Brian Blessed might boom: ‘Solomon’s alive!’

The other two cases are Court of

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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