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A final shot across the bows

16 December 2010 / Ian Smith
Issue: 7446 / Categories: Features , Employment
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Ian Smith sees out the year with some hybrid perennials

Although the four cases chosen for commentary this month are on quite disparate subjects, they do have a unifying link, in that they show either the continued vitality of the common law in employment issues or the liability of such employment issues to attract the intervention of other areas of law, or both.

The first two concern the perennial question of employment status, here as it affects two “atypicals”, namely fixed-share partners and longstanding agency workers. The third case arose in the highly topical litigation between BA and the union representing its cabin crew, but involved a question as old as employment law—when does a provision of a collective agreement become part of an individual’s contract of employment (and so enforceable contractually). The fourth concerns the application to employment law of a statute never intended for such use (the Protection from Harassment Act 1997) in a high-profile case concerning police employment, the judgment in which contains one particular ruling which will be

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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