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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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