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02 October 2014 / Ian Smith
Issue: 7624 / Categories: Features , Employment
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Employment law brief: 2 October 2014

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Ian Smith salutes the end of some long running legal uncertainties & taps into the latest trade union action.

The first two cases considered this month are potentially of some significance in settling a couple of quite longstanding uncertainties in two important areas of employment law, namely constructive dismissal and damages for stress-related injury in discrimination cases. The other two are, most unusually these days, concerned with trade union law and how unlawful detriment imposed on an employee because of his union activities is to be proved.

Another one bites the dust

For some time now there has been a possible problem in the law relating to constructive dismissal caused by the common law case of RDF Media Group plc v Clements [2008] IRLR 207, [2007] All ER (D) 53 (Dec) where it was suggested that an employee already in breach of the term of trust and respect could not then complain of such a breach by the employer, thus scuppering a possible constructive dismissal claim (perhaps best, if rather

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MOVERS & SHAKERS

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Kingsley Napley—Kelly Greig & Abbie West-Kelsey

Firm strengthens international tax team with partner and tax manager hire

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

NEWS
Counsel for CILEX, for law centres, for the Association of Personal Injury Lawyers and for the Law Society laid out their arguments last week in the high-profile Mazur case
Commercial law is changing fast, driven by new technologies and the growing complexity of global markets. The University of Manchester’s LLM in International Commercial and Technology Law brings focus to that shift, highlighting the core areas that now define effective commercial legal work. By exploring corporate governance, data rights, fintech regulation and digital era intellectual property, this course gives professionals the insight they need to make informed, confident decisions in a rapidly evolving landscape
Making refugee status temporary and subject to review every 30 months will put pressure on an ‘already overstretched’ justice system, the Law Society has warned
Statutory limitation periods do not apply to unfair prejudice petitions brought under the Companies Act, the Supreme Court has held in a 4–1 majority decision, Lord Burrows dissenting
A Mental Capacity Act ‘best interests’ analysis must be undertaken for all treatment decisions for incapacitated adults, the Court of Appeal has held
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