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Employment law brief: 11 March 2022

11 March 2022 / Ian Smith
Issue: 7970 / Categories: Features , Employment
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Remembrance of things past: Ian Smith reflects on echoes from the past & unravels some current employment conundrums
  • Agency workers and the right to be notified of vacancies.
  • Fire and rehire, but could the contract term be changed at all?
  • Rolling forward pay for statutory holidays actually taken.

In the long-lost days of the Wilson government in the 1970s (which was often concerned with seeking pay accords with the unions), employment law was bestrode by the ubiquitous character, Solomon Binding. He, or his application to ‘solemn and binding agreements’ contained in collective bargains, rapidly went out of fashion in the 1980s, but the second case considered here has a curious echo of this—with an employer actually being held to an agreement made with its staff that a new benefit was meant to be binding into the future. Moreover, this was done in a common law action in the High Court, not in employment tribunal proceedings. As Brian Blessed might boom: ‘Solomon’s alive!’

The other two cases are Court of

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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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