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18 October 2024 / Ian Smith
Issue: 8090 / Categories: Features , Employment , Tribunals , Terms&conditions , Discrimination
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Employment law brief: 18 October 2024

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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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