header-logo header-logo

11 March 2011 / Ian Smith
Issue: 7456 / Categories: Features
printer mail-detail

Employment law brief: 11 March 2011

Ian Smith reports on an unusual misconduct dismissal, Tupeland & product placement

As well as a blatant piece of product placement (legal as from last month, see box on p 343), this column concentrates on only two of the considerable number of employment cases reported recently, both of which raised fundamental issues which need the space. 

  • The first concerned an unusual point on misconduct dismissals—if you have to look at what the employer actually knew as at the date of dismissal, what does a corporate or institutional employer “know”?
  • The second addresses a potentially vital issue on TUPE (itself under attack last month politically for “gold plating” the backing directive) as to how it interacts with insolvency laws and provisions.

What does a corporate employer “know”?

The well known rule in Devis & Sons Ltd v Atkins [1977] AC 931, HL normally operates to provide that an employer cannot justify a dismissal as fair on after-acquired evidence. Another way of putting this is that fairness requires evaluation of the employer’s decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll