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10 May 2024 / Ian Smith
Issue: 8070 / Categories: Features , Employment , Tribunals
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Employment law brief: 10 May 2024

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Ian Smith contemplates three recent cases that show lacunae in the law, each posing an interesting conundrum
  • Case one considers the law on detriment relating to industrial action incompatible with Convention rights.
  • Case two is on the topic of whistleblowing detriment—a different approach to establishing the reason in an organisation.
  • Case three relates to termination by the employer, and applying the rule in Hogg v Dover College at common law.

Lacunas or lacunae? Conundrums or conundra? Before your humble author breaks out into song with ‘Tomayto? Tomahto? Let’s call the whole thing off,’ we can perhaps settle for the relatively safe version that the three cases this month all show what have hitherto been lacunae in the law, each of which poses a conundrum. Two cases produce no actual answer, and the third does so but in a way that claimants’ lawyers may want to revisit in future cases. The first two concern the law on detriment (short of dismissal); the third crosses the border into dismissal law, but

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

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Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

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Thomson Hayton Winkley—Nina Hood

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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