header-logo header-logo

19 March 2010
Issue: 7409 / Categories: Case law , Law digest
printer mail-detail

Employment

Shanahan Engineering Ltd v Unite the Union UKEAT/0411/09/DM, [2010] All ER (D) 108 (Mar)

(1) When applying s 188(7) of the Trade Union and Labour Relations (Consolidation) Act 1992, it was well established that the tribunal had to keep three stages in mind. First, whether there were special circumstances. Second, whether those circumstances rendered compliance with s 188(1A), (2) and (4) not reasonably practicable. Third, if so, whether the employer had taken all such steps towards compliance with those provisions as were reasonably practicable. It was also well established that special circumstances connoted something out of the ordinary or something uncommon.

The phrase “reasonably practicable” was a well known phrase often adopted to define the scope of a requirement or obligation. Where requirements were placed upon an employer subject to those limiting words, an employer did not have to prove that it was impossible to comply with the requirements, or even that it was physically impracticable to do so. Whenever a question arose as to whether a particular step or action was reasonably practicable or feasible, the injection of the qualification of reasonableness required the aim to be achieved.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll