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19 March 2010
Issue: 7409 / Categories: Case law , Law digest
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Employment

Shanahan Engineering Ltd v Unite the Union UKEAT/0411/09/DM, [2010] All ER (D) 108 (Mar)

(1) When applying s 188(7) of the Trade Union and Labour Relations (Consolidation) Act 1992, it was well established that the tribunal had to keep three stages in mind. First, whether there were special circumstances. Second, whether those circumstances rendered compliance with s 188(1A), (2) and (4) not reasonably practicable. Third, if so, whether the employer had taken all such steps towards compliance with those provisions as were reasonably practicable. It was also well established that special circumstances connoted something out of the ordinary or something uncommon.

The phrase “reasonably practicable” was a well known phrase often adopted to define the scope of a requirement or obligation. Where requirements were placed upon an employer subject to those limiting words, an employer did not have to prove that it was impossible to comply with the requirements, or even that it was physically impracticable to do so. Whenever a question arose as to whether a particular step or action was reasonably practicable or feasible, the injection of

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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