header-logo header-logo

Employment law brief: 14 March 2025

211163
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll