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An antidote to summer

18 September 2008 / Ian Smith
Issue: 7337 / Categories: Features , Employment
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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

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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