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13 December 2024 / Ian Smith
Issue: 8098 / Categories: Features , Employment , Tribunals
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Employment law brief: 13 December 2024

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Did the Supreme Court ask for a can of worms for Christmas? Ian Smith wraps up the year in employment law with some final twists & turns
  • Check-off of union dues; discontinuance by employer.
  • Whether collective agreements can be rectified.
  • Pre-termination negotiations; the meaning of ‘improper behaviour’.

Supreme Court decisions on employment law are not exactly common, but in the October brief (NLJ, 18 October, pp9-10) we saw one on the meaning of a ‘permanent’ contractual provision (Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers and others [2024] UKSC 28, [2024] All ER (D) 24 (Sep)), and we now have two more. The first concerned attempts by government departments to discontinue union dues check-off arrangements, and the second dealt with whether a collective agreement can be rectified in equity. Interestingly, they both raised issues surrounding one of the oldest rules in our employment law—namely that collective agreements are not legally enforceable. In addition, an important Employment Appeal Tribunal (EAT) pronouncement

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Protecting children from VPNs & doomscrolling
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
Mazur appeal begins
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
Trust breached former Letby colleague’s contract
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Clarity on gender questions in schools
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Funder challenge to Mastercard settlement given green light
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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