header-logo header-logo

16 December 2010 / Ian Smith
Issue: 7446 / Categories: Features , Employment
printer mail-detail

A final shot across the bows

Ian Smith sees out the year with some hybrid perennials

Although the four cases chosen for commentary this month are on quite disparate subjects, they do have a unifying link, in that they show either the continued vitality of the common law in employment issues or the liability of such employment issues to attract the intervention of other areas of law, or both.

The first two concern the perennial question of employment status, here as it affects two “atypicals”, namely fixed-share partners and longstanding agency workers. The third case arose in the highly topical litigation between BA and the union representing its cabin crew, but involved a question as old as employment law—when does a provision of a collective agreement become part of an individual’s contract of employment (and so enforceable contractually). The fourth concerns the application to employment law of a statute never intended for such use (the Protection from Harassment Act 1997) in a high-profile case concerning police employment, the judgment in which contains one particular ruling which will be viewed by claimants’ lawyers as regressive.

Partner status

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll