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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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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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