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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

    Sharpe Pritchard—Victoria Heald-Barraclough

    Sharpe Pritchard—Victoria Heald-Barraclough

    Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

    Lewis Silkin—Iskander Fernandez

    Lewis Silkin—Iskander Fernandez

    Lewis Silkin adds corporate crime specialist to growing dispute resolution team

    Morr & Co—Michael Charalambous

    Morr & Co—Michael Charalambous

    Morr Co strengthens private client team with partner appointment

    NEWS
    Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
    Winning an arbitral award against a state is one thing; enforcing it is another
    Can government success in court tell us whether the rule of law is healthy? 
    Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
    As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
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