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

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
back-to-top-scroll