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Employment law brief: 27 November 2014

27 November 2014 / Ian Smith
Issue: 7632 / Categories: Features , Employment
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Ian Smith reflects upon the impact of recent employment law developments

The first two cases considered this month merit fairly extensive consideration because of their importance in their areas. The first in effect uses a recent Supreme Court case on the common law of dismissal to reopen a hitherto little used avenue for an employer faced with an important employee purporting to leave (to join a competitor) in flagrant breach of a notice requirement, without the expense of paying him or her out under a garden leave clause. The second revisits the question of how to operate the important Polkey reduction in unfair dismissal cases, where the tribunal has to assess future likelihoods. The third case is nothing like so important in principle, but is nevertheless of interest in showing how large a costs order can be in what is always said to be essentially a costs-free jurisdiction.

Stopping unlawful competition

When the Supreme Court decided in Societe Generale v Geys [2013] IRLR 122, [2012] All ER (D) 196 (Dec)

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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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