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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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