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12 September 2019 / Ian Smith
Issue: 7855 / Categories: Features , Employment
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Employment law brief: 12 September 2019

Ian Smith highlights the importance of keeping your eye on the employment law ball & keeping an eye out for unicorns

  • Statutory illegality and immigration status.
  • Holiday pay for a part-year worker and the limits on a works council’s input.

Two Court of Appeal decisions are considered here, on the important mainstream issues of the effect of the doctrine of illegality in a case concerning immigration status, and how the detailed rules on the entitlement to statutory holidays with pay apply to a part-year worker. By complete contrast, the two Employment Appeal Tribunal (EAT) decisions then considered concern areas thought generally to have gone to sleep legally after initially causing considerable speculation as to their potential importance, namely transnational works councils and employee shareholder agreements. You really cannot take your eye off the ball in this subject!

Immigration status

The result in Okedina v Chikale [2019] EWCA Civ 1393, [2019] All ER (D) 18 (Aug) is of obvious importance wherever the facts show that a vulnerable individual was brought into this country to work in poor conditions and with dubious

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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

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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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