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Employment Law Brief: 28 March 2008

27 March 2008 / Ian Smith
Issue: 7314 / Categories: Features , Tribunals , Employment
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Lapsed warning, redundancy, EU Industrial action

The last month has seen two Court of Appeal decisions on very basic issues of employment law that have been eagerly awaited. The first concerns the hot topic of the employment status (or, more appropriately, lack thereof) of a long-serving agency-supplied worker and the second concerns the status of an expired warning—can it be used for any purpose at all? Ironically, the third case considered here also addresses a nose-to-the grindstone issue for practical employment, but one on which there has been almost no reported case law, namely the legality of the common technique of effecting redundancies by sacking all the relevant staff and making them reapply for the jobs that are left.

Finally (possibly taking our cue from Oscar Wilde’s remark that we are all in the gutter but some of us look up at the stars) we raise our gaze from the squalor of domestic detail to the wonders and sunny uplands of EC Law and see a recent European Court

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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