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13 January 2017 / Ian Smith
Issue: 7729 / Categories: Features , Employment
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​Employment law brief

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Recent case law provides a good illustration of established rules in the longstanding law on unfair dismissal, says Ian Smith

 
  • Multiple reasons in constructive dismissal cases.
  • Using lapsed warnings.
  • The right approach to whistleblowing allegations.
  • Practicability in re-engagement claims.

What the four cases considered this month have in common is that, while breaking no new ground, they are good illustrations of established rules in our longstanding law on unfair dismissal. They cover multiple reasons in constructive dismissal cases, using lapsed warnings, the right approach to whistleblowing allegations and practicability in re-engagement claims.

Constructive dismissal—multiple reasons for leaving

It is well established that where there are two or more reasons for the employee leaving, he or she will still be able to claim constructive dismissal if at least one of them constituted a repudiatory breach by the employer, and that the tribunal must not take an overly “purist” approach by looking for the principal reason for leaving. The decision of Judge Shanks in Ishaq v Royal Mail Group UKEAT/0156/16 however shows

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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