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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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