header-logo header-logo

Employment

19 March 2010
Issue: 7409 / Categories: Case law , Law digest
printer mail-detail

Shanahan Engineering Ltd v Unite the Union UKEAT/0411/09/DM, [2010] All ER (D) 108 (Mar)

(1) When applying s 188(7) of the Trade Union and Labour Relations (Consolidation) Act 1992, it was well established that the tribunal had to keep three stages in mind. First, whether there were special circumstances. Second, whether those circumstances rendered compliance with s 188(1A), (2) and (4) not reasonably practicable. Third, if so, whether the employer had taken all such steps towards compliance with those provisions as were reasonably practicable. It was also well established that special circumstances connoted something out of the ordinary or something uncommon.

The phrase “reasonably practicable” was a well known phrase often adopted to define the scope of a requirement or obligation. Where requirements were placed upon an employer subject to those limiting words, an employer did not have to prove that it was impossible to comply with the requirements, or even that it was physically impracticable to do so. Whenever a question arose as to whether a particular step or action was reasonably practicable or feasible, the injection of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll