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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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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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