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23 November 2012 / Ian Smith
Issue: 7539 / Categories: Features , Employment
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From the coalface

Ian Smith reports on some interesting employment law judgments which have emerged recently from the courts

In the last month, two high-profile cases ended in little progress, even though they were considered at the highest level. First, the Supreme Court considered the ruling of the Court of Justice of the European Union (CJEU) in the “pilots’ holiday pay” case (British Airways plc v Williamson [2012] UKSC 43). The argument at the resumed hearing revolved around whether a tribunal could hear the claim at all, given the lack in the Civil Aviation (Working Time) Regulations 2004 (SI 2004/756) of any definition of holiday pay, or even a procedure for determining it. It was held that the tribunal would have to do its best and the matter was remitted to it with little guidance as to the meaning of the CJEU’s judgment. We must now await that decision on the facts and any appeals. Second, the CJEU refused to determine the reference sent to it by the Court of Appeal in an important case on collective

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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