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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—Michael Conway

Birketts—Michael Conway

IP partner joins team in Bristol to lead branding and trade marks practice

Blake Morgan—Daniel Church

Blake Morgan—Daniel Church

Succession and tax team welcomes partner inLondon

Maguire Family Law—Jennifer Hudec

Maguire Family Law—Jennifer Hudec

Firm appoints senior associate to lead Manchester city centre team

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
Pension sharing orders (PSOs) have quietly reached their 25th anniversary, yet remain stubbornly underused. Writing in NLJ this week, Joanna Newton of Stowe Family Law argues that this neglect risks long-term financial harm, particularly for women
A school ski trip, a confiscated phone and an unauthorised hotel-room entry culminated in a pupil’s permanent exclusion. In this week's issue of NLJ, Nicholas Dobson charts how the Court of Appeal upheld the decision despite acknowledged procedural flaws
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
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