Ian Smith applauds some recent performances by the Court of Appeal but pans the non-statutory antics of some members of the supporting cast
- Sorting out a glitch about voluntary overtime.
- Offers by employers to give up collective bargaining.
- Perceived disability that the claimant might develop the condition.
- Remedies for unfair dismissal—a narrow escape
Several years ago, one lord justice commented that he had always thought that slavery had been abolished in Britain until he was appointed to the Court of Appeal. That court has certainly been busy with employment cases in the last month, in four cases spread right across the subject. They have corrected a potentially major gaffe by the ECJ (in a suitably to-the-point judgment), given the first authoritative interpretation to a provision of collective labour law introduced 15 years ago, extended the scope of perceived disability to cases where the employer wrongly believed that the employee might develop a particular condition, and lastly stamped on an attempt to graft a non-statutory remedy on to the statutory action for unfair dismissal. Not a bad bag.
Voluntary overtime
When East
