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Employment law brief: 10 May 2024

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

Arc Pensions Law—Ian D’Costa

Arc Pensions Law—Ian D’Costa

Pensions firm welcomes legal director in London

Shakespeare Martineau—Jonathan Warren

Shakespeare Martineau—Jonathan Warren

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Morgan Lewis—Christian Tuddenham

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Litigation partner joins disputes team in London

NEWS
Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ
Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ
Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
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