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Employment law brief: 13 December 2024

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

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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