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NEWS
(1) Collective agreements which adopt measures falling within the scope of provisions of European Union law (eg the Equal Treatment Framework Directive) must comply with that law, and this requirement does not interfere with the right to negotiate and conclude collective agreements recognised in Article 28 of the Charter of fundamental rights of the European Union, (2) a system of pay under a collective agreement which fixed the rate as at appointment by reference to the employee's age was discriminatory under the Equal Treatment Framework Directive and could not be justified as a means of taking account of employees’ professional experience, and (3) the system under a collective agreement of red-circling pay on transition from a former discriminatory pay system to a new non-discriminatory one, with the result that certain pay differentials which discriminated on grounds of age were perpetuated under the new regime, was justified and lawful under the Equal Treatment Framework Directive if (a) its aim was to avoid losses of pay, and to enable the social partners to implement the changeover to the new non-discriminatory system, and (b) the continuing discriminatory effects were transitional and temporary in character, according to the ECJ in the joined cases of Hennigs v Eisenbahn-Budesamt and Land Berlin v Mai.
NEWS
Personal Injury and Clinical Negligence analysis: The Civil Justice Council (CJC) has concluded its extensive review of the various existing pre-action protocols (PAPs). Here we focus specifically on the Personal Injury PAPs.
NEWS
Dispute Resolution analysis: The Civil Justice Council (CJC) has published Part 2 of its final report on the Pre-Action Protocols (PAPs). The report sets out a number of recommendations for the reform of various litigation specific PAPs, as well as proposing the creation of two new PAPs, including one intended for all Multi-Track Claims in the Business and Property Courts of England and Wales. The bifurcated final report (Part 1 having been published in August 2023) concludes the Working Group’s review of the PAPs. It is now the responsibility of the Civil Procedure Rule Committee (CPRC), and in some cases the Online Procedure Rule Committee (OPRC), to consider how to take forward the recommendations in both parts of the CJC’s final report.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 25 October 2017; it is no longer maintained. See further, timeline. Case facts ARCHIVE 25/10/2017 Outline European Commission Article 101 TFEU investigation into Honeywell and DuPont (now Chemours, a spin-off unit of DuPont) (case number AT.39822). Latest development On 25 October 2017, the Commission announced that it had decided to close its investigation. This follows an assessment of submissions made by Honeywell and Chemours and interested third parties. It also follows the earlier withdrawal of all three formal complaints that had been submitted to the Commission. The Commission stated that it would continue to closely monitor the chemicals market, including for the R-1234yf refrigerant. Parties • Honeywell International Inc (Honeywell) • Chemours (a spun-off unit formerly part of E.I. du Pont de Nemours and Company (DuPont))
GLOSSARY
A person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it.
NEWS
The Refugee Council has published their research findings on the 56-day move-on period pilot for newly recognised refugees, which operated from December 2024 until the government announced a 42-day period in March 2026. The research found that extending the period from 28 to 56 days reduced homelessness, with 43% of refugees securing accommodation within the timeframe compared to none within 28 days. The study also identified that 48% of refugees received Universal Credit payments within 56 days, aligning better with the five-week payment delay, while the 28-day period made it impossible for the first payment to be made during the move-on period. Incorrect application of the Habitual Residence Test for welfare payments to refugees was also found to cause delays in ensuring payment. The research also found that refugees reported challenges in opening bank accounts due to the lack of relevant documentation during the move-on period. The report highlights that the transition to digital eVisas has created both benefits and challenges around digital literacy and service provider familiarity.
NEWS
The Refugee Council has published a report entitled 'Forced Adulthood: The Home Office's incorrect determination of age and how this leaves child refugees at risk', analysing the impact of the Home Office's incorrect determination of age on hundreds of children seeking asylum. Its data shows that from January 2022 to June 2023 more than 1,300 children were wrongly assessed to be adults by the Home Office, and in this same period the Humans for Rights Network (HRN) recorded 832 safeguarding episodes where there were strong reasons to believe a child was sharing accommodation with an unrelated adult. The report also shows that the HRN identified 15 cases where children wrongly treated as adults have been criminalised, with 14 children spending time in custody in adult prisons. It additionally reveals that between January and June 2023, at least 485 children were wrongly placed in adult accommodation or detention at significant risk.
NEWS
The Refugee Council has published a report predicting that the government's Rwanda plan will cause an asylum 'system meltdown' and cost up to £6.2bn in taxpayers' money a year. This has followed the passage of the Safety of Rwanda (Asylum and Immigration) Bill in Parliament. The Refugee Council has also called for the Illegal Migration Act 2023 (IMA 2023) to be repealed.
NEWS
The Refugee and Migrant Children's Consortium (‘the Consortium’) has published a briefing on the Border Security, Asylum and Immigration Bill 2024-25. It has welcomed aspects of the Bill, including the repeal of child detention powers and Home Office accommodation powers over unaccompanied children. However, the Consortium has  expressed concern about the retained provisions from the Nationality and Borders Act 2022, particularly regarding age assessments and modern slavery protections. The Consortium highlights that the Bill expands immigration offences, potentially criminalising more individuals, including children. It also retains provisions from the Illegal Migration Act 2023 that impose blanket exclusions on asylum claims from certain countries. The Consortium highlights that changes to the evidentiary threshold for reasonable grounds decisions in modern slavery cases have led to increased negative decisions for children. Additionally, the introduction of temporary permission to stay for trafficking victims has seen limited application to child victims, despite international obligations under the Council of Europe Convention on Action Against Trafficking in Human Beings.
NEWS
An open letter signed by 219 organisations and 289 individuals calls on the Prime Minister, Andy Burnham, to adopt a new approach to asylum policy centred on protection, legality, integration and cost-effectiveness. The signatories contend that successive governments have maintained an asylum system which they describe as harmful, expensive and ineffective, and propose a 13-point blueprint addressing safe routes, asylum accommodation and support, legal aid, detention, appeal rights, integration and evidence-based policymaking.
GLOSSARY
This is a payment to a member from a registered pension scheme.
GLOSSARY
A lump sum benefit paid to a member of a registered pension scheme because they have contributed more to the scheme than they are entitled to tax relief on, and which meets the conditions of paragraph 6, Schedule 29 to the Finance Act 2004.