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16 December 2022 / Ian Smith
Issue: 8007 / Categories: Features , Employment , Tribunals , TUPE , Disciplinary&grievance procedures
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Employment law brief: 16 December 2022

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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

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
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
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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