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05 March 2020 / Ian Smith
Issue: 7877 / Categories: Features , Employment
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Employment law brief: 5 March 2020

16955
Ian Smith tackles another fine mess or two, including Laurel & Hardy in the Employment Appeal Tribunal
  • The policy against multiple contemporaneous employers outside tort cases.
  • Illegal conduct later rectified—the effect?
  • Fair dismissal on suspicion, not reasonable belief

Can an employee have more than one employer for one employment? What happens if an illegal contract is later performed legally? When can an employer dismiss on mere suspicion? These questions are raised in this Brief, but there is a fourth and even more fundamental question—why have James Corden and Laurel and Hardy been in the Employment Appeal Tribunal (EAT)? Read on, gentle reader, read on.

In Patel v Specsavers Optical Group Ltd UKEAT/0286/19 the claimant was an optician working through the well-known high street optician. When his work was terminated, he brought ET proceedings inter alia for unfair dismissal, but his claim went wrong procedurally, in such a way that he was ultimately forced back on to an argument that he had been employed by two companies contemporaneously, which

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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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