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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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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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