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15 November 2007
Issue: 7297 / Categories: Features , Employment
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Employment law brief: 16 November 2007

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CONSULTING ON CLOSURES >>
VOLUNTARY REDUNDANCY >>
WHAT IS “ESTABLISHMENT”? >>

The question of consultation on collective redundancies is back on the legal map, especially since the decision of the European Court of Justice (ECJ) that “consultation” means consultation and must happen in good time (Junk v Kuhnel (Case C-188/03) [2005] All ER (D) 264 (Jan)) and the decision of the Court of Appeal that a protective award for failure to consult is meant to be punitive and costly (GMB and others v Susie Radin Ltd, [2004] 2 All ER 279). Even so, it was still something of a surprise to see the decision of the Employment Appeals Tribunal (EAT) in National Union of Mineworkers (Northumberland Area) and another v UK Coal Mining Ltd [2007] All ER (D) 315 (Oct) reported in the Times business section in late October as its lead story, stating that it moves us closer to the European model on plant closures (with arguments then about the possible effects on the UK’s competitive advantage).  

While this decision has the potential

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MOVERS & SHAKERS

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Sponsored by
Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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