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Employment law brief: 11 July 2025

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Taking the recent heatwave in his stride, Ian Smith (not pictured) introduces the Magnificent Six
  • Capability dismissals and the overlap with SOSR.
  • Redundancy dismissals and the search for alternative work.
  • Early conciliation; the s 207B(3) extension of the time limit.
  • Striking out for failure to comply with ET orders; relevance of an unless order instead
  • Procedure at hearing; splitting or combining liability and remedy.
  • Costs orders, discrimination cases and litigants in person.

What the six cases considered in this month’s brief have in common is that they are all concerned with precise but important points of interpretation—a common feature of our complex employment law. In unfair dismissal law, they cover the overlap between capability and some other substantial reason, and the importance of the search for alternative employment in redundancy cases. There are then four cases on employment tribunal (ET) procedure, covering ACAS early conciliation; striking out for failure to carry out ET orders; when to use combined hearings rather than splitting

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MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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