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Employment law brief: 13 October 2013

13 October 2023 / Ian Smith
Issue: 8044 / Categories: Features , Employment
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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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NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
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