header-logo header-logo

Employment law brief: 10 December 2015

10 December 2015 / Ian Smith
Issue: 7680 / Categories: Features , Employment
printer mail-detail
nlj_7680_smith

Ian Smith provides an overview of some helpful employment decisions from the CJEU

Unusually, this month’s column comprises three decisions of the Court of Justice of the European Union (CJEU) on EU employment law. Equally unusually, they are all quite helpful. The second and third effectively bolster existing UK domestic law, legitimising our longstanding inclusion of constructive dismissals in the law on collective redundancies consultation and stressing the need for a true comparison in cases of direct discrimination (here, age). The first gives further guidance as to how to apply the law on “one-size-fits-all” (copyright Lord Hope) statutory holiday entitlement to the myriad possibilities that can arise; the case specifically concerned the problem of calculation where the employee moves from part-time to full-time working part of the way through the holiday year. The guidance is indeed useful, but here it reinforces a problem (known for some time now) that domestic law may not be easy to square with the growing EU case law.

Greenfield v Care Bureau Ltd

Harvey at CI

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll