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Employment law brief: 5 February 2020

05 February 2020 / Ian Smith
Issue: 7873 / Categories: Features , Employment
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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

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MOVERS & SHAKERS

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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