header-logo header-logo

13 April 2018 / Stephen Levinson
Issue: 7788 / Categories: Features , Employment
printer mail-detail

Burchell & judicial jostling

nlj_7788_levison

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

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll