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Employment law brief: 18 October 2024

18 October 2024 / Ian Smith
Issue: 8090 / Categories: Features , Employment , Tribunals , Terms&conditions , Discrimination
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Ian Smith gets the flags out for the Supreme Court in Tesco Stores, & addresses the age-old issue of unfair dismissal
  • Case one: fire and rehire, plus the meaning of a ‘permanent’ change.
  • Case two: unfair dismissal, with an overlap between incapability and misconduct.
  • Case three: restrictions on expression of religion or belief.
  • Case four: the question of whether a belief is worthy of respect, plus Grainger (v).

Supreme Court decisions are not common in employment law, and so the big news this month has been the decision in the Tesco Stores case, holding that when an employer negotiated a valuable benefit for employees on the basis that it would be ‘permanent’, it actually meant it. In so holding, the judgment serves a useful function in approving the ‘PHI [permanent health insurance] cases’ (as we know and love them, holding that if extensive sickness cover is promised, the employer cannot later try to wriggle out of it) and confirming that the basic principle behind them

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MOVERS & SHAKERS

Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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