header-logo header-logo

18 September 2008 / Ian Smith
Issue: 7337 / Categories: Features , Employment
printer mail-detail

An antidote to summer

Ian Smith dissects the latest cases on dismissal law and TUPE transfers

Four cases in the last month are considered here, as an antidote for the wettest August on record (for anyone sad enough to find them a consolation).
Constructive dismissal and bad handling of grievances

Last year the decision of Lady Smith in Abbey National v Fairbrother [2007] IRLR 320, EAT, All ER (D) 24 (Jan) caused some surprise with its holding that the range of reasonable responses test should be applied to the question whether there had been a constructive dismissal, not just to the question whether (if so) it was fair. The matter arose in the context of a dispute over the handling of a grievance and had the effect that the employee would only succeed in establishing constructive dismissal if he could show that the employer had conducted the grievance in a way that no reasonable employer would have done. This is a significant tightening up of the test.

Claridge v Daler Rowney Ltd [2008] IRLR 320, EAT also concerned

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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll