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Oscar time?

14 January 2011 / Ian Smith
Issue: 7448 / Categories: Features , Employment
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Ian Smith presents four employment sparklers & a rant

In the month that the government issued the annual uprating order putting up the maximum basic award/redundancy payment to £12,000 and the maximum compensatory award to £68,400 (SI 2010/2926) and also announced the immediate demise of the previous government’s code of practice on the “two-tier workforce” in TUPE contracting-out cases, we also saw considerable judicial activity—enough to gladden the frosty hearts of employment lawyers up to their briefs in snow.

The president of the EAT gave important guidance in Mehta v CSA [2010] UKEAT/127/10 on the practice of reading out witness statements (largely to the effect that it is often not necessary) which should be consulted by practitioners and employment judges, especially as he suggests that regional variations in practice need to be reconsidered.

We also had useful further guidance by the EAT in South Manchester Abbeyfield Society v Hopkins [2010] UKEAT/79/10 on the vexed but economically significant question of when time on call attracts the national minimum wage. Thus, the choice of cases for

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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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