header-logo header-logo

Home Login E-newsletter About us
15 November 2007
Issue: 7297 / Categories: Features , Employment
printer mail-detail

Employment law brief: 16 November 2007

© Copyright LexisNexis 2026. All Rights Reserved.

CONSULTING ON CLOSURES >>
VOLUNTARY REDUNDANCY >>
WHAT IS “ESTABLISHMENT”? >>

The question of consultation on collective redundancies is back on the legal map, especially since the decision of the European Court of Justice (ECJ) that “consultation” means consultation and must happen in good time (Junk v Kuhnel (Case C-188/03) [2005] All ER (D) 264 (Jan)) and the decision of the Court of Appeal that a protective award for failure to consult is meant to be punitive and costly (GMB and others v Susie Radin Ltd, [2004] 2 All ER 279). Even so, it was still something of a surprise to see the decision of the Employment Appeals Tribunal (EAT) in National Union of Mineworkers (Northumberland Area) and another v UK Coal Mining Ltd [2007] All ER (D) 315 (Oct) reported in the Times business section in late October as its lead story, stating that it moves us closer to the European model on plant closures (with arguments then about the possible effects on the UK’s competitive advantage).  

While this decision has the potential

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

Read All
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
Read All
NLJ this week: Surrogacy children caught in succession gap
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’
NLJ this week: Online safety law at a crossroads
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
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
Copyright © 2026 LexisNexis
back-to-top-scroll