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07 May 2014 / Ian Smith
Issue: 7605 / Categories: Features , Employment
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Employment law brief: 7 May 2014

 Ian Smith considers the latest employment law developments

 

Two decisions reported in this month’s column concern basic (but not therefore easy) points of unfair dismissal law. The third case is yet another “interesting” case on TUPE; it is on unusual facts, but could still be of some significance generally on the definition of a “service provision change”.

Reasonableness of a dismissal (i): risk of harm to career

In Monji v Boots Management Services Ltd UKEAT/0292/13 the tribunal found the claimant’s dismissal for suspected theft of store goods fair substantively and procedurally. On appeal, the claimant’s argument was that, as a professional pharmacist, a fair dismissal would have a particularly acute effect on her future livelihood and that this fact had not been taken sufficiently into account by the tribunal as a factor on its own (potentially raising the bar on the level of investigation needed), as required by the decision of the EAT in A v B [2003] IRLR 405, [2003] All ER (D) 184 (May) and more particularly that of the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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