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04 July 2019 / Ian Smith
Issue: 7847 / Categories: Features , Employment
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Employment law brief: 4 July 2019

Ian Smith applauds some recent performances by the Court of Appeal but pans the non-statutory antics of some members of the supporting cast

  • Sorting out a glitch about voluntary overtime.
  • Offers by employers to give up collective bargaining.
  • Perceived disability that the claimant might develop the condition.
  • Remedies for unfair dismissal—a narrow escape

Several years ago, one lord justice commented that he had always thought that slavery had been abolished in Britain until he was appointed to the Court of Appeal. That court has certainly been busy with employment cases in the last month, in four cases spread right across the subject. They have corrected a potentially major gaffe by the ECJ (in a suitably to-the-point judgment), given the first authoritative interpretation to a provision of collective labour law introduced 15 years ago, extended the scope of perceived disability to cases where the employer wrongly believed that the employee might develop a particular condition, and lastly stamped on an attempt to graft a non-statutory remedy on to the statutory

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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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