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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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