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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 can

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
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