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Employment law brief: 2 October 2014

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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