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High days & pay-offs

22 October 2009 / Ian Smith
Issue: 7390 / Categories: Features , Employment
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Ian Smith celebrates the highs & lows of recent tribunal decisions

In a month notable for the high-profile rejection of the “Heyday” challenge to the default retirement age of 65, but in a way that strongly suggested that it will need to be removed when the government carries out its promised review of it (now to be in 2010 rather than 2011 as originally indicated) and for the equally newsworthy decision of the European Court of Justice (ECJ) that an employee who is sick while taking holiday can ask for the holiday to be rescheduled, the cases considered here are at the opposite end of the employment law spectrum where there is no obvious news and/or political interest, but where pronouncements on points of common law or statutory interpretation can have just as great an effect on the longer-term development of the law.

Ultra vires contracts

While it has always been clear that employment under an illegal contract is potentially void, destroying any rights, what is the position where the contract is ultra

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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