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15 December 2016 / Ian Smith
Issue: 7727 / Categories: Features , Employment
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Employment law brief: 15 December 2016

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Ian Smith finds clarity in recent employment cases

  • What is meant by an employer “refusing” a statutory break?
  • How should a tribunal deal with a final warning that is of dubious validity?
  • How should a tribunal deal with a redundancy conducted without acceptable consultation?
  • What exactly is the burden of proof on the employer?

The four cases appearing in this month’s collection of random thoughts provide clear answers to four specific questions well known to employment lawyers. The first arises in the context of working time law—what is meant by an employer “refusing” a statutory break? The next two are questions arising in fairly standard tribunal proceedings for dismissal—how should a tribunal deal with (i) a final warning that is of dubious validity, and (ii) a redundancy conducted without acceptable consultation? The fourth question is specific to the statutory action for detriment short of dismissal—what exactly is the burden of proof on the employer?

When does an employer “refuse” a statutory break?

Regulation 30(1) of the Working Time Regulations

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Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

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Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

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Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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