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08 February 2013 / Peter Taheri
Issue: 7547 / Categories: Features , Disciplinary&grievance procedures , Employment
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Dismissed or not dismissed?

Has a recent High Court ruling created a new concept of accidental dismissal? Peter Taheri reports

In Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch), the claimant, having been demoted, claimed breach of contract while remaining in the trust’s employment. He was awarded only £98, as the High Court held he was wrongfully dismissed. Can that be right, when the employer had not purported to dismiss and the employee never claimed constructive dismissal?

Establishing the Hogg principle

Practitioners are familiar with the concept of constructive dismissal: the employer commits a repudiatory breach of the employment contract, in response to which the employee resigns. Perhaps less everyday is Hogg v Dover College [1990] ICR 39, EAT, where the claimant’s unfair dismissal claim succeeded even though he was still in the respondent’s employ. Understanding Hogg is pre-requisite for a discussion of Smith.

In Hogg, the Employment Appeal Tribunal (EAT) found that the employee “was being told that his former contract was from that moment gone”. To the employer’s argument

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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