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Employment law brief: 10 June 2020

10 June 2020 / Ian Smith
Issue: 7890 / Categories: Features , Employment
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Ian Smith takes a gander at short, precise, but nonetheless important aspects of both common & statutory law
  • Wrongful or unfair?
  • Status of the proverbial last straw.
  • Re-engagement not an ‘order’.
  • TUPE-related changes void, even if to the employee’s advantage.
  • When does a new employee start work?

Unlike some recent Briefs which have covered cases concerning broad issues of principle or policy (eg the recent Supreme Court cases reassessing vicarious liability), this month’s Brief looks at five cases concerning short, precise but important aspects of both common law and statutory law in the employment context, namely the difference between wrongful and unfair dismissal, ‘last straw’ constructive dismissal, the limitations of an ‘order’ for re-engagement, TUPE-related changes to employment contracts and the start date for new employment.

Wrongful or unfair?

East Coast Main Line Co Ltd v Cameron UKEAT/0212/19 is a good case example of the difference between wrongful dismissal and unfair dismissal and the importance of keeping them separate for most purposes. The claimant was summarily

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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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