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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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