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Employment law brief: 12 September 2019

12 September 2019 / Ian Smith
Issue: 7855 / Categories: Features , Employment
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Ian Smith highlights the importance of keeping your eye on the employment law ball & keeping an eye out for unicorns

  • Statutory illegality and immigration status.
  • Holiday pay for a part-year worker and the limits on a works council’s input.

Two Court of Appeal decisions are considered here, on the important mainstream issues of the effect of the doctrine of illegality in a case concerning immigration status, and how the detailed rules on the entitlement to statutory holidays with pay apply to a part-year worker. By complete contrast, the two Employment Appeal Tribunal (EAT) decisions then considered concern areas thought generally to have gone to sleep legally after initially causing considerable speculation as to their potential importance, namely transnational works councils and employee shareholder agreements. You really cannot take your eye off the ball in this subject!

Immigration status

The result in Okedina v Chikale [2019] EWCA Civ 1393, [2019] All ER (D) 18 (Aug) is of obvious importance wherever the facts show that a vulnerable individual was brought

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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