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Disciplinary&grievance procedures

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With the civil service chief’s future in doubt and the government’s behaviour in the headlines, Amanda Robinson & David Wolchover reflect on recent allegations against the Home Secretary, and consider why resignation may sometimes be the only choice
All in-person hearings at employment tribunals in Scotland, England and Wales are to be converted to a case management hearing by telephone or other electronic means and will take place on the first day allocated for the hearing, lawyers have been told

Recommendations for the future of non-disclosure agreements in discrimination cases—Stephen Levinson takes the long view

Non-disclosure agreements too often used to cover up unlawful behaviour

Constructive dismissal upholds the law of contract, but with a human touch, says Tom Walker

Chris Bryden & Michael Salter explain why common sense trumps policy in cases involving online misconduct

When can disciplinary procedures be instigated & what process applies? Shane Crawford reports

Has a recent High Court ruling created a new concept of accidental dismissal? Peter Taheri reports

Ian Smith reviews recent employment law decisions

Stephen Levinson studies employment tribunal statistics & government policy

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Results
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Results

MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
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