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Employment law brief: 10 December 2021

10 December 2021 / Ian Smith
Issue: 7960 / Categories: Features , Employment
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Get me out of here! In his end of year address, Ian Smith navigates a series of obstacles & challenges including notification, blacklisting, reconsideration, anonymisation & postponements
  • Collective redundancies—notification to BEIS.
  • Detriment on union grounds and blacklisting.
  • Three points on procedure.

The first two cases considered here, on issues of substantive law, concern rather unusual aspects of employment law, namely: (1) the interpretation of the law on collective redundancies, but not in the usual context of the obligation to consult worker representatives, but rather in relation to the rarely litigated separate administrative obligation to inform the Department for Business, Energy and Industrial Strategy (BEIS); and (2) the relationship between the general law on detriment for trade union reasons and the much more specialised provisions on the unlawful keeping of blacklists.

The third case concerns employment tribunal (ET) procedure. It arose in the course of prolonged litigation which has now been to the Employment Appeal Tribunal (EAT) twice and is notable for guidance given by that body on three different

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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