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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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