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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The number of misconduct reports to the Financial Conduct Authority (FCA) has doubled in the past five years, after a series of industry scandals highlighted the reputational and regulatory risks involved
It’s game, set but not quite match for the All England Lawn Tennis Ground (AELTG) in its dream of expanding its West London grounds
One in four partners at top 50 and one in five at top 250 firms are considering leaving their firm in the next three years, according to a survey by TBD Marketing
A flat-rate, ‘events-based’ redress scheme for families of postmasters severely affected by the Horizon IT miscarriage of justice scandal is due to open in the summer
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