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27 November 2014 / Ian Smith
Issue: 7632 / Categories: Features , Employment
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Employment law brief: 27 November 2014

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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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