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Employment law brief: 4 July 2019

04 July 2019 / Ian Smith
Issue: 7847 / Categories: Features , Employment
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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
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
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