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13 December 2024 / Ian Smith
Issue: 8098 / Categories: Features , Employment , Tribunals
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Employment law brief: 13 December 2024

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Did the Supreme Court ask for a can of worms for Christmas? Ian Smith wraps up the year in employment law with some final twists & turns
  • Check-off of union dues; discontinuance by employer.
  • Whether collective agreements can be rectified.
  • Pre-termination negotiations; the meaning of ‘improper behaviour’.

Supreme Court decisions on employment law are not exactly common, but in the October brief (NLJ, 18 October, pp9-10) we saw one on the meaning of a ‘permanent’ contractual provision (Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers and others [2024] UKSC 28, [2024] All ER (D) 24 (Sep)), and we now have two more. The first concerned attempts by government departments to discontinue union dues check-off arrangements, and the second dealt with whether a collective agreement can be rectified in equity. Interestingly, they both raised issues surrounding one of the oldest rules in our employment law—namely that collective agreements are not legally enforceable. In addition, an important Employment Appeal Tribunal (EAT) pronouncement is considered on procedural matters, namely the admissibility or otherwise of pre-termination negotiations.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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