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11 November 2015 / Ian Smith
Issue: 7676 / Categories: Features , Employment
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Employment law brief: 11 November 2015

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Ian Smith considers ancient & modern aspects of employment law & notes some warning shots to employees

The first two of the four Employment Appeal Tribunal (EAT) cases considered this month lie at the opposite end of the “ancient and modern” spectrum of employment law. The first concerns the ancient end, and constitutes a reminder not to confuse the very different actions for unfair dismissal and wrongful dismissal—the difference is certainly not semantic. The second, however, concerns the relatively recent amendment to whistleblowing law which was meant to narrow its scope in one crucial way, but is arguably now in danger of being eviscerated by case law, though with an appeal to the Court of Appeal in the offing next year which hopefully will determine the point authoritatively.

The third and fourth cases can be seen as warning shots to employees in two areas normally given a high level of legal protection (long-term sickness and trade union activities) that by their behaviour they can put themselves outside that protection.

Unfair and/or

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NEWS
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An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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