header-logo header-logo

05 February 2020 / Ian Smith
Issue: 7873 / Categories: Features , Employment
printer mail-detail

Employment law brief: 5 February 2020

15314
Sent packing? Ian Smith says there’s life after Brexit for unfair dismissal claims
  • Unfair dismissal & human rights.
  • Reasonable investigation in general and investigatory hearings.
  • Applying the correct test for contributory fault.

At the end of a month that culminated with our departure from the EU at the macro end of the scale, it is perhaps comforting that, not only does life go on but, at the micro end, the case law during it has concentrated on some of the eternal verities of the almost immutable law of unfair dismissal, which has been with us since the Industrial Relations Act 1971 and has suffered since then from remarkably little change in the basic legislation.

Unfair dismissal & human rights

The key point in Q v Secretary of State for Justice UKEAT/0120/19before Judge Auerbach is the affirmation of the approach taken by the Court of Appeal in Turner v East Midlands Trains Ltd [2012] EWCA Civ 1470 , [2013] IRLR 107, [2013] 3 All

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DSW Legal—James Mallender

DSW Legal—James Mallender

Business advisory group launches dedicated legal division with senior appointment

Gilson Gray—Peter Millican

Gilson Gray—Peter Millican

London corporate practice with partner appointment

Ward Hadaway—Alex Cooper

Ward Hadaway—Alex Cooper

Corporate team welcomes partner in Leeds

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
back-to-top-scroll