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14 March 2008
Issue: 7312 / Categories: Case law , Law digest
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EMPLOYMENT LAW

Webb v Airbus UK Ltd [2008] EWCA Civ 49, [2008] All ER (D) 94 (Feb)

Under s 98(4) of the Employment Rights Act 1996 (ERA 1996), it is open to a tribunal to find that a dismissal for misconduct was fair, even though the employer took account of the employee’s previous similar misconduct, which had been the subject of an expired final warning.

The question to be determined under s 98(4) is whether or not the employer had acted reasonably or unreasonably in treating the reason for dismissal as a sufficient reason for dismissing the employee. The fact that the warning had expired did not make the earlier misconduct an irrelevant circumstance under s 98(4).

 

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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