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16 December 2010 / Ian Smith
Issue: 7446 / Categories: Features , Employment
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A final shot across the bows

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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