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02 September 2020 / Ian Smith
Issue: 7900 / Categories: Features , Employment
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Employment law brief: 4 September 2020

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Ian Smith leaves his beach hut to take shelter from the wind & consider three cases covering common ground…but each with a peculiar twist
  • Calculation of damages for wrongful dismissal.
  • When is it reasonable to dispense with procedures?
  • Re-engagement and lack of trust and confidence.

The three cases considered this month have one thing in common, namely that they all concern well travelled areas of basic employment law, but have a peculiar twist to them. The first concerns the venerable law on damages for wrongful dismissal, but with the twist of arising under a fixed-term sports contract with a most peculiar provision on notice. The second concerns the position in unfair dismissal law of a dismissal without going through applicable disciplinary procedures, usually a complete no-no, but here held to be fair. The third (also as it happens in a sports context) concerns the law on re-engagement and how far an employer can oppose it on the grounds of lack of trust and confidence (arguably a feature of

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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