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Employment law brief: 16 November 2007

15 November 2007
Issue: 7297 / Categories: Features , Employment
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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 to make

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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