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19 March 2014 / Ian Smith
Issue: 7599 / Categories: Features , Employment
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Employment law brief: 19 March 2014

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Ian Smith investigates some rare sightings of dismissal law controversy

When spending idle hours reading the notes to the statutes in Division Q of Harvey, one of the things that can strike you is how immutable the law of unfair dismissal has been for the last 42 years. Not only has the legislation hardly changed, except for the odd politically sensitive point such as the length of the qualifying period, but much of the leading case law is now remarkably old, having laid down the principal points of interpretation at an early stage in this law’s history. Just occasionally, however, we still get the occasional controversy or necessary touch on the tiller (just as we still get cases on the meaning of “redundancy”—as Judge Clark has been known to point out, how can we expect anything else when the statutory definition has only been with us for 49 years?!). Unusually, the three cases chosen for this month’s column all concern basic concepts of dismissal law—the first is about how to

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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

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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