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Employment law brief: 4 November 2022

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Ian Smith rounds up the latest cases keeping him awake at night, including ‘pool of one’ redundancies, trade union justice & a Post Office postscript
  • Vital nature of consultation in ‘pool of one’ redundancy cases.
  • Importance of the statutory reversal of the burden of proof in discrimination cases.
  • Trade unions—disciplining, natural justice and the absence of bias.
  • Settlement agreements—when do they relate to ‘the particular proceedings’?

When most people are struck with the dreaded midnight wakeful period, they tend to lie there contemplating the meaning of life, the future of the UK economy, whether we will attain the round figure of 60 prime ministers by 2024, and who will go next in Strictly. On the other hand, your humble author lies there contemplating how to deal with ‘pool of one’ redundancy cases, how to apply the statutory reversal of the burden of proof in discrimination cases, what ‘pre-determination’ means in trade union disciplining cases and when settlement agreements can be used in

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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