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Employment Law Brief: 28 March 2008

27 March 2008 / Ian Smith
Issue: 7314 / Categories: Features , Tribunals , Employment
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Lapsed warning, redundancy, EU Industrial action

The last month has seen two Court of Appeal decisions on very basic issues of employment law that have been eagerly awaited. The first concerns the hot topic of the employment status (or, more appropriately, lack thereof) of a long-serving agency-supplied worker and the second concerns the status of an expired warning—can it be used for any purpose at all? Ironically, the third case considered here also addresses a nose-to-the grindstone issue for practical employment, but one on which there has been almost no reported case law, namely the legality of the common technique of effecting redundancies by sacking all the relevant staff and making them reapply for the jobs that are left.

Finally (possibly taking our cue from Oscar Wilde’s remark that we are all in the gutter but some of us look up at the stars) we raise our gaze from the squalor of domestic detail to the wonders and sunny uplands of EC Law and see a recent European Court of

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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