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07 March 2019 / Ian Smith
Issue: 7831 / Categories: Features , Employment
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Employment law brief: 7 March 2019

In this month’s employment brief, Ian Smith examines the long shadow cast by the infamous ‘gay cake case’ & takes a look at some exceptions to the unfair dismissal rule

  • Automatic unfair dismissal: a gap in the protection?
  • Automatic unfairness again: this time on a TUPE transfer.
  • Freedom to hold a belief—but whose belief?
  • What is ‘an email’?
  • Two cases this month have concerned the exception rather than the rule in unfair dismissal law: namely where the dismissal is automatically unfair because it comes into an especially protected category. Not only are these categories important in themselves, they are also (like patriotism for the scoundrel) the last refuge of the claimant without two years’ qualifying employment. The third case considered here shows clearly the effect of the Supreme Court decision in the Lee v Ashers Baking Company Ltd and others [2018] UKSC 49, [2018] All ER (D) 43 (Oct) case. The fourth case raises the sort of question that lawyers

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    MOVERS & SHAKERS

    Clyde & Co—Suriya Ashok

    Clyde & Co—Suriya Ashok

    Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

    Jurit—Nicole Gallop Mildon

    Jurit—Nicole Gallop Mildon

    Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

    NEWS
    The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
    A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

    Safety fears do not automatically justify shutting an interested person out of a statutory will application

    Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
    The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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