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14 June 2007 / Ian Smith
Issue: 7277 / Categories: Features , Employment
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Employment law brief: 15 June 2007

The dismissal conundrum >>
The rules on “without prejudice” privilege >>
Maternity absentee returning to the “same job” >>

Three very different areas of employment law are worthy of mention this month. The first is a very old conundrum on the meaning of “dismissal”. The second is the application in employment law of the rules on “without prejudice” privilege. The third is the meaning of a maternity absentee returning to the “same job”, on which curiously we have never before had a decision at appellate level.

When is it a dismissal?

The question of how an employment terminated—dismissal or resignation?—was subject to much discussion in early case law during the Cretaceous Period of employment law. Did he jump or was he pushed? On a mundane level, this can arise where all that happens is that the parties swear mightily at each other and part; in such a case, the test, in legal language, is who was the f-offor and who was the f-offee. There is, however, an inherently more difficult version

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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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
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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