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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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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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