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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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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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