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21 May 2012 / Ian Smith
Issue: 7514 / Categories: Features , Employment
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Toil & trouble

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Ian Smith provides a round-up of the latest employment law decisions

This last month has been the usual busy one, with the handing down by the Supreme Court of their judgments in the linked cases of Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15, [2012] All ER (D) 122 (Apr) and Seldon v Clarkson Wright and Jakes [2012] UKSC 16, [2012] All ER (D) 121 (Apr) on deep issues on age discrimination and, at the other end of the scale (in so many ways), a quite fascinating Employment Appeal Tribunal (EAT) decision on the employment status of a lapdancer (Quashie v Stringfellows Restaurants [2012] UKEAT/0289/11). The two Supreme Court cases will be considered specifically in other articles in this magazine, and I will leave it up to individual readers of this column to take up the issue of lapdancers if that is their particular interest (always remembering, please, to preface any remarks with the accepted formula of “friends tell me...”). Instead, this column looks at four recent cases which,

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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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