header-logo header-logo

10 December 2015 / Ian Smith
Issue: 7680 / Categories: Features , Employment
printer mail-detail

Employment law brief: 10 December 2015

nlj_7680_smith

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll