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16 August 2007
Issue: 7286 / Categories: Features , Employment
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Employment law brief: 17 August 2007

GMB v ALLEN
ANTIPATHY BETWEEN TRADE UNIONS AND dissident members
AUTONOMY VERSUS PATERNALISM
ROUGH INDUSTRIAL RELATIONS

While most of the noises of wind that readers will have been hearing recently are the sounds of the incessant rain clouds in this miserable non summer, some may well have been the collective sighs of relief of trade unionists all over the country at the decision of the Employment Appeal Tribunal (EAT) in GMB v Allen [2007] UKEAT/425/06 (handed down on 31 July) allowing the union’s appeal against a tribunal decision that it had been guilty of sex discrimination and victimisation in not pursuing in full the claims of some female members to equal pay, in particular in relation to back pay.

EQUAL PAY CASE MANAGEMENT

The case is one of the latest stages in the equal pay trench warfare currently raging in the context of local authority pay in northern England. So worrying is this litigation in general—in terms of legal costs and tribunal/ACAS resources—that it even featured in the recent Gibbons Report on the

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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