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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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
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