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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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Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

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Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

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NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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