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13 April 2018 / Stephen Levinson
Issue: 7788 / Categories: Features , Employment
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Burchell & judicial jostling

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Stephen Levinson reflects on the uncertain future of the test for fair dismissals

  • Burchell & the band of reasonable decisions test.
  • Should a full panel replace the prevailing approach of making most unfair dismissal cases the province of judges sitting alone?

Mischievous and disingenuous are not adjectives usually applied to decisions of the Supreme Court. In their comments on what constitutes a fair dismissal made in the case of Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16, [2018] All ER (D) 82 (Mar) however, these words will be applied by some with a certain amount of justification.

What was the case about?

A female head teacher of a primary school had a close (non-sexual) relationship with a man who was convicted of making indecent images of children. Having taken advice she did not disclose the relationship or conviction to the school. The governors, however, later became aware of the relationship, suspended the head teacher and then dismissed her for the non-disclosure. A claim for unfair dismissal failed as did appeals

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Anthony Collins—Laura Moss

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NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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