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13 October 2023 / Ian Smith
Issue: 8044 / Categories: Features , Employment
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Employment law brief: 13 October 2013

142623
In the EAT, as in life, the pendulum may ‘swing’ one way or the other, and then later swing back. Ian Smith explains all in this month’s update
  • Termination by agreement as an alternative to dismissal (Riley v Direct Line Insurance Group plc).
  • Time limit in a case of failure to do something (Fernandez v Department of Work and Pensions).
  • The form of employment tribunal judgments and the attitude of the Employment Appeal Tribunal to them (Edwards v Pick Everard).

The question as to the extent to which appellate courts and tribunals should give guidance to employment tribunals (ETs) on particular areas of employment law has historically shifted around. After unfair dismissal came in in 1972, there followed a period of judicial activism in this area, given that it was entirely new law and the aim was to ensure a reasonable level of consistency between ETs in different parts of the country in relation to frequently-recurring employment problems. This can still be seen in formative

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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