Employment analysis: The Lexis+® Employment team have put together a round-up of the key employment law developments in 2024 as well as a look ahead to the key things to look out for in 2025, including upcoming developments on the Employment Rights Bill, the new employer duty to prevent sexual harassment, the Equality (Race and Disability) Bill and upcoming legislation and cases of interest.

Continuity of employment is preserved, under section 212(3)(b) of the ERA 1996, if an employee is absent from work for a period 'on account of a temporary cessation of work'. According to a surprising judgment of the EAT, that includes the situation where an establishment closes permanently and an employee previously employed in that establishment is re-employed a short while later by an associated employer in an entirely different role elsewhere. EAT: Holt v EB Security (in liquidation).

For statutory rights under the Employment Rights Act 1996 (ERA 1996), there is a set way of calculating continuity which overrides any agreement between employer and employee. It depends on: • when the continuous period starts • when the continuous period ends • whether anything happens to break continuity between the start and the end • whether any period of employment with another employer counts For further information see Practice Note: Continuity of employment. The

For information generally: • on continuity of employment, see Practice Note: Continuity of employment • on employee status, see Practice Note: Employee status For statutory rights under the Employment Rights Act 1996 (ERA 1996), there is a set way of calculating continuity which overrides any agreement between employer and employee. It depends on: • when the continuous period starts • when the continuous period ends • whether anything happens to break continuity between the start and the end • whether any period of employment with another employer counts The period of continuous employment starts with the day on which the employee starts work. For further information, see Practice Note: Continuity of employment—When the continuous period starts. As to when the period of continuous employment ends, the general principle is that a period of continuous employment ends upon whatever is the ‘relevant date’ for determining the employee’s length of continuous

If, before a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006), the transferee (ie the new employer) envisaged taking any measures in connection with the transfer in relation to any affected employees who would become the transferee’s employees after the transfer, the transferee is required to provide information about those measures to the transferor, to enable the transferor to comply with its obligation to inform the affected employees (TUPE 2006, SI 2006/246, reg 13(2)(d), 13(4)). The word ‘measures’ is of wide import and involves any action, step or arrangement. For further information, see Practice Note: TUPE—information and consultation—Measures. For further information on the duty to inform and consult under TUPE 2006,

Commercial analysis: The claimant (Almacantar) had the benefit of a tax indemnity in respect of a potential stamp duty land tax (SDLT) liability. Almacantar and the defendant (RailPen) participated in many years of correspondence with HMRC to dispute the revenue’s determination that SDLT was payable. The court held that RailPen was not estopped from relying upon the contractual time limits and requirement to serve a notice of claim. There was no shared assumption between the parties that those time limits and/or notice requirements would not apply. This was an assumption on Almacantar’s part only. The case serves as a useful lesson that the English court will hold the parties to their bargain, particularly in the case of the contractual time limits and notice provisions in contracts between commercial parties. Succeeding on an estoppel argument will be an uphill battle, unless there is clear evidence of common assumption which is expressly shared between the parties, reliance and detriment on that assumption. Written by James Lancaster, managing associate at Trowers & Hamlins LLP.

Dear [insert name of authorised recipient on behalf of counterparty], [insert name of agreement]: [insert client name] and [insert counter-party name] 1 We refer to our letter dated [insert date] (breach notice) regarding the [insert agreement name] dated [insert date] (Agreement) between [insert client name] (our client) and [insert counter-party name] ([insert counter-party short name]). 2 In the breach notice our client asserted (among other things): 2.1 [insert counter-party short name] was in breach of the Agreement by

To: [insert name of employer] From: [insert name of employee] I hereby give notice that I wish to opt out of Sunday working with immediate effect as is my right under the Employment

Introduction This Practice Note is part of our LLB Contract Law series written specifically for law students. It the doctrine of discharge of obligations, focusing in particular on discharge by performance and breach, and situating these within the broader framework of contractual termination. It explores the standards required for valid performance, including exact compliance, substantial performance, entire and divisible obligations and the significance of time stipulations. It then analyses breach of contract in its various forms (actual and anticipatory) and considers when a breach is sufficiently serious to entitle the innocent party to terminate, with detailed discussion of conditions, warranties and innominate terms. The Practice Note also addresses the doctrine of election, the risks associated with wrongful termination and the consequences of acceptance in sale of goods contracts. Throughout, it integrates leading authorities and statutory provisions to demonstrate how the law balances certainty with fairness. By combining doctrinal explanation with judicial reasoning and critical insight, this Practice Note is designed to equip students with the analytical depth required for higher-grade assessment in contract law. Overview

This Practice Note considers the approach of the courts where disputes arise across related contracts and the question is whether a jurisdiction agreement contained in one contract applies to disputes arising under another contract. It focuses on related contracts, including contracts entered into as part of the same package, contracts entered into at different times, and agreements in which one contract does not contain its own jurisdiction clause. For guidance when considering competing jurisdiction clauses in different contracts, see Practice Note: Jurisdiction agreements—competing agreements. Overview Complex transactions may comprise a suite of interlinked contracts. To determine which agreement the specific dispute falls within, the courts will consider the contractual provisions of each contract within the context of the wider suite of documents so as to determine the intention of the parties as revealed by the agreements. Any jurisdiction clause is therefore construed in light of the transaction as a whole. In some instances there may be overlap between the different contracts. This may make it difficult to determine which document the dispute falls within and, therefore,

This question involves consideration of: • the law requiring employers to offer suitable available employment to any woman made redundant while on maternity leave, and • the law relating to trial periods for alternative jobs offered following redundancy • unfair dismissal law Redundancy during maternity leave—automatic unfairness Where a woman on maternity leave is potentially redundant, any ensuing dismissal will be automatically unfair unless: • the employer first establishes that it was not practicable by reason of redundancy to continue to employ her under her existing contract of employment, ie that it was necessary to implement the redundancy during the period of maternity leave, and • the employer then offers her any suitable available vacancy; it will not be enough merely to invite her to apply for a vacancy The offer of suitable available employment must: • be made before the end of the employee's employment under her existing contract, and • take

1 Any dispute arising out of or in connection with this [Agreement OR Contract OR clause [insert clause number]] (a Dispute) shall be referred to determination