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20 May 2022 / Charles Pigott
Issue: 7979 / Categories: Features , Employment
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Unfair dismissals—stormy waters ahead?

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Mass dismissal of P&O staff has shed a light on limitations of UK labour law, says Charles Pigott
  • The sudden dismissal of 786 seafarers by P&O in March 2022 has led the Government to announce a new statutory code of practice.
  • Their replacement with cheaper agency workers has also illustrated the territorial limitations of the UK’s National Minimum Wage legislation.

The dismissal of nearly 800 staff by various companies in the P&O group in mid-March without prior consultation or notice, led to widespread calls for more to be done to protect workers in the context of mass redundancies. It also provides an illustration of how the legal regime, which applies to international shipping companies, even if some of their operations are based in the UK, differs significantly from that applying to shore-based businesses.

Collective redundancies legislation

Like most domestic employment protection legislation, the provisions on collective redundancies in Part IV Chapter II of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) extend to employees who have a sufficiently close connection

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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