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08 October 2020 / Ian Smith
Issue: 7905 / Categories: Features , Employment
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Employment law brief: 9 October 2020

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Are you sitting comfortably? Ian Smith delves into three cases, including employment lawyers being advised not to indulge in fairy stories…

In brief

  • Dismissal on suspicion—a procedural caveat.
  • Efforts to find alternative employment—chance of a job insufficient.
  • ET Pleadings—warning to parties not to use a ‘narrative style’.

‘Are you sitting comfortably? Then, I’ll begin. Once upon a time there was a clever and brave employee with a wicked stepmother/employer, who once said to them ...’. At this point, Her Honour Judge Tucker descends ex cathedra with a mighty, ‘STOP ! I don’t want a fairy story, I want to know what this damned case is about’.

This is a rather rough précis of the third case considered here, in which the learned judge told employment lawyers in no uncertain terms that they should cease and desist from the hitherto growing tendency to draft ET1 and ET3 forms in ‘narrative form’ bearing more resemblance to a witness statement than a statement of case; instead they should concentrate on making

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Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
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Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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