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08 March 2013
Issue: 7551 / Categories: Case law , Law digest , In Court
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Employment

Davies v Sandwell Metropolitan Borough Council [2013] EWCA Civ 135, [2013] All ER (D) 310 (Feb)

It was settled law that it was legitimate for an employer to rely on a final warning provided that it was issued in good faith, that there were at least prima facie grounds for imposing it, and that it had not been manifestly inappropriate to have issued it. The guiding principle in determining whether a dismissal was fair or unfair in cases where there had been a prior final warning did not originate in authorities, which were but instances of the application of s 98(4) of the Employment Rights Act 1996 to particular sets of facts. The broad test laid down by s 98(4) of the Act was whether, in the particular case, it was reasonable for the employer to treat the conduct reason, taken together with the circumstances of the final written warning, as sufficient to dismiss the employee. In answering that question, it was not the function of the tribunal to re-open the final warning and rule on an issue raised by

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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