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28 June 2024 / Ian Smith
Issue: 8077 / Categories: Features , Employment , Tribunals
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Employment law brief: 28 June 2024

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Next week’s election may result in changes to employment law, but the existing law continues to present novel issues of interpretation, says Ian Smith
  • Case one considers whistleblowing detriment and establishing the reason in an organisation.
  • Case two is about considering alternative employment in a medical incapability case.
  • Case three contains an important point about the liability of employees in a discrimination case.

With much emphasis, as I write, on possible new employment laws after the election, and speculation as to what Labour would do whether within the first 100 days or not (answers please on a postcard to the editor), it is sobering to be reminded that the existing law can still throw up novel issues of interpretation.

The first case considered this month shows this in spades. It concerns the question of how an organisation can fall foul of the law against imposing detriments (other than dismissal) on an employee. Some of this hinges on a legislative change made 11 years ago but only now coming to the

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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