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10 December 2021 / Ian Smith
Issue: 7960 / Categories: Features , Employment
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Employment law brief: 10 December 2021

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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

Ogier—Martin Livingston

Ogier—Martin Livingston

Martin Livingston joins Ogier in Cayman to strengthen regulatory support

Blake Morgan—47 promotions

Blake Morgan—47 promotions

Blake Morgan announces 47 summer promotions across UK offices

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
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