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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

    Forbes Solicitors—Stephen Barnfield

    Forbes Solicitors—Stephen Barnfield

    Regulatory team boosted by partner hire amid rising health and safety demand

    Arc Pensions Law—Kris Weber

    Arc Pensions Law—Kris Weber

    Legal director promoted to partner at specialist pensions firm

    Clarke Willmott—Jonathan Cree

    Clarke Willmott—Jonathan Cree

    Residential development capability expands with partner hire in Birmingham

    NEWS

    From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

    Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
    Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
    Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
    The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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