header-logo header-logo

Employment law brief: 2 October 2014

02 October 2014 / Ian Smith
Issue: 7624 / Categories: Features , Employment
printer mail-detail
smith_0

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

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll