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12 September 2019 / Ian Smith
Issue: 7855 / Categories: Features , Employment
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Employment law brief: 12 September 2019

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

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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