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Employment law brief: 16 December 2022

16 December 2022 / Ian Smith
Issue: 8007 / Categories: Features , Employment , Tribunals , TUPE , Disciplinary&grievance procedures
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Before he shoots off for Christmas duties, Ian Smith unwraps some of the latest gifts from the Employment Appeal Tribunal & Court of Appeal
  • Termination by the employer; the effect of a successful appeal.
  • The duty to mitigate loss in a whistleblowing case.
  • TUPE and service provision changes; the activities must remain fundamentally the same.
  • Collective agreements are not subject to the equitable remedy of rectification.

Of the four cases considered in this brief (three in the Employment Appeal Tribunal (EAT) and one in the Court of Appeal), the first two concern interesting sub-issues in areas of otherwise quite settled law; the third is a useful factual example of one of the key requirements for there to be a ‘service provision change’ in TUPE law; and in the fourth, the Court of Appeal has rectified an ‘adventurous’ first-instance decision on (you’ve guessed it) rectification.

The effect of successful appeals

The position of an employee faced with dismissal who uses an internal appeal system raises

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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