header-logo header-logo

12 September 2019 / Ian Smith
Issue: 7855 / Categories: Features , Employment
printer mail-detail

Employment law brief: 12 September 2019

Ian Smith highlights the importance of keeping your eye on the employment law ball & keeping an eye out for unicorns

  • Statutory illegality and immigration status.
  • Holiday pay for a part-year worker and the limits on a works council’s input.

Two Court of Appeal decisions are considered here, on the important mainstream issues of the effect of the doctrine of illegality in a case concerning immigration status, and how the detailed rules on the entitlement to statutory holidays with pay apply to a part-year worker. By complete contrast, the two Employment Appeal Tribunal (EAT) decisions then considered concern areas thought generally to have gone to sleep legally after initially causing considerable speculation as to their potential importance, namely transnational works councils and employee shareholder agreements. You really cannot take your eye off the ball in this subject!

Immigration status

The result in Okedina v Chikale [2019] EWCA Civ 1393, [2019] All ER (D) 18 (Aug) is of obvious importance wherever the facts show that a vulnerable individual was brought

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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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
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
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
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
back-to-top-scroll