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14 January 2011 / Ian Smith
Issue: 7448 / Categories: Features , Employment
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Oscar time?

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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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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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