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10 December 2015 / Ian Smith
Issue: 7680 / Categories: Features , Employment
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Employment law brief: 10 December 2015

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Ian Smith provides an overview of some helpful employment decisions from the CJEU

Unusually, this month’s column comprises three decisions of the Court of Justice of the European Union (CJEU) on EU employment law. Equally unusually, they are all quite helpful. The second and third effectively bolster existing UK domestic law, legitimising our longstanding inclusion of constructive dismissals in the law on collective redundancies consultation and stressing the need for a true comparison in cases of direct discrimination (here, age). The first gives further guidance as to how to apply the law on “one-size-fits-all” (copyright Lord Hope) statutory holiday entitlement to the myriad possibilities that can arise; the case specifically concerned the problem of calculation where the employee moves from part-time to full-time working part of the way through the holiday year. The guidance is indeed useful, but here it reinforces a problem (known for some time now) that domestic law may not be easy to square with the growing EU case law.

Greenfield v Care Bureau Ltd

Harvey at CI

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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