header-logo header-logo

10 June 2020 / Ian Smith
Issue: 7890 / Categories: Features , Employment
printer mail-detail

Employment law brief: 10 June 2020

22337
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

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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll