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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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