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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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