header-logo header-logo

09 February 2024
Issue: 8058 / Categories: Legal News , Employment
printer mail-detail

NLJ this week: Novus, causation & treats for TUPE geeks

157360
It’s all about unfair dismissal, computation and TUPE in NLJ’s Employment law brief this week, as Ian Smith covers a trio of recent cases

A ‘flurry’ of legislative change is also highlighted. Changes in immigration law ushered in a new code of practice for employers, and the law changed regarding minimum wage exceptions, tribunal composition and flexible working.

Smith’s brief includes the use of novus actus interveniens, a common law defence usually used in contract and tort but here deployed in a case involving a teacher who alleged detriment due to whistleblowing.

Smith, emeritus professor of employment law at Norwich Law School, writes: ‘There have been allegations in the press for some time now of employers of employees in regulated employments using the threat (or, as here, the actuality) of reference to the regulator as a tactic in a dispute. This case shows that if an employer is found to have done so cynically and without good cause, the employee can expect full compensation.’

The other cases covered concern causation when calculating damages, and a TUPE case that raised a point of interpretation on which the judge said there had been no previous direct authority.

Issue: 8058 / Categories: Legal News , Employment
printer mail-details

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
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
back-to-top-scroll