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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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NLJ Career Profile: Nikki Bowker, Devonshires

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Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

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Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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