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14 February 2014
Issue: 7594 / Categories: Case law , Law digest , In Court
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Employment

United States of America v Nolan [2014] EWCA Civ 71, [2014] All ER (D) 36 (Feb)

In proceedings concerning an employee of a US military base in the UK, the employer argued that the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 did not apply to the case of workers employed by any public administrative body and establishment governed by public law (PAB) within the meaning of Art 1.2 of Council Directive (EC) 98/59 (on the approximation of the laws of the member states relating to collective redundancies). The court held that, in transposing the Directive into domestic legislation, the draftsman had made what had to have been a deliberate choice not to reproduce in terms the general exclusion contained in the Directive for PAB workers. Instead, an exclusion had been made for “Crown employment”. It was clear that the concept of a PAB in Community law was wider than Crown employment. That had to have been apparent to the draftsman and there was no warrant for assuming that he nonetheless had intended, but incompetently failed, to provide for an exclusion which had precisely corresponded

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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