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Employment

14 February 2014
Issue: 7594 / Categories: Case law , Law digest , In Court
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United States of America v Nolan [2014] EWCA Civ 71, [2014] All ER (D) 36 (Feb)

In proceedings concerning an employee of a US military base in the UK, the employer argued that the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 did not apply to the case of workers employed by any public administrative body and establishment governed by public law (PAB) within the meaning of Art 1.2 of Council Directive (EC) 98/59 (on the approximation of the laws of the member states relating to collective redundancies). The court held that, in transposing the Directive into domestic legislation, the draftsman had made what had to have been a deliberate choice not to reproduce in terms the general exclusion contained in the Directive for PAB workers. Instead, an exclusion had been made for “Crown employment”. It was clear that the concept of a PAB in Community law was wider than Crown employment. That had to have been apparent to the draftsman and there was no warrant for assuming that he nonetheless had intended, but incompetently

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

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