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11 March 2011 / Ian Smith
Issue: 7456 / Categories: Features
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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

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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