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20 September 2013
Issue: 7576 / Categories: Case law , Law digest
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Employment

Czarnecki v Choice Textiles Ltd UKEAT/0331/12/GE, [2013] All ER (D) 77 (Sep)

In determining a claim for arrears of pay, it was settled law that: (i) the starting point was the contract of employment; (ii) if the contract of employment entitled the employee at least to consideration of the exercise of a discretion, it would be a breach of that contract not to consider its exercise; (iii) where a discretion was said to be exercisable only upon some prior facts having been established, there could be no question factually of any award becoming payable unless those factual preconditions were satisfied; (iv) if the discretion had been exercised, then the exercise might be reviewed; (v) if the discretion had not been exercised then the employee was entitled to be put into the position in which he would have been if the contract had been fully and properly performed; (vi) in such a situation the employer would have given proper consideration to the exercise of the discretion; (vii) the task in assessing compensation for the breach therefore, was to ask what that

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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