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14 February 2014
Issue: 7594 / Categories: Case law , Law digest , In Court
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Employment

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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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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