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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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