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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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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