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10 December 2021 / Ian Smith
Issue: 7960 / Categories: Features , Employment
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Employment law brief: 10 December 2021

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Get me out of here! In his end of year address, Ian Smith navigates a series of obstacles & challenges including notification, blacklisting, reconsideration, anonymisation & postponements
  • Collective redundancies—notification to BEIS.
  • Detriment on union grounds and blacklisting.
  • Three points on procedure.

The first two cases considered here, on issues of substantive law, concern rather unusual aspects of employment law, namely: (1) the interpretation of the law on collective redundancies, but not in the usual context of the obligation to consult worker representatives, but rather in relation to the rarely litigated separate administrative obligation to inform the Department for Business, Energy and Industrial Strategy (BEIS); and (2) the relationship between the general law on detriment for trade union reasons and the much more specialised provisions on the unlawful keeping of blacklists.

The third case concerns employment tribunal (ET) procedure. It arose in the course of prolonged litigation which has now been to the Employment Appeal Tribunal (EAT) twice and is notable for guidance given by that body on three different but equally important points of procedure. Any reader losing

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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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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