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Employment law brief: 14 March 2025

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Good things come in threes: in this month’s employment brief, Ian Smith rounds up a triple whammy from the Employment Appeal Tribunal on crossed wires, application errors & misconduct
  • Employee liability for inaccuracy in an application.
  • The role of an employment tribunal in misconduct cases.
  • Mistaken belief in resignation can be an SOSR dismissal.

Three Employment Appeal Tribunal (EAT) cases in the last month have made significant additions to our little subject (!). The first resurrects a point that had gone to sleep for 16 years, concerning the legal implications of inaccuracies in an individual’s application form; the second declines to extend the categories of cases where an employment tribunal (ET) should investigate a point off its own bat, even if not raised by a party; and the third gives guidance for the first time on cases where the employer has terminated the employment in the genuine but mistaken belief that the employee has in fact resigned. This last one is of particular interest

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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