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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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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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