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16 December 2010 / Ian Smith
Issue: 7446 / Categories: Features , Employment
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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

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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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