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Employment law brief: 13 August 2021

13 August 2021 / Ian Smith
Issue: 7945 / Categories: Features , Employment
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Ian Smith signs off from his beach hut with an eclectic mix of cases involving suspicion, doubt, disbelief & enforcement
  • Establishing the reason for dismissal in an organisation.
  • Dismissal on suspicion, short of positive belief.
  • Reasonable adjustments; no general requirement to maintain higher level of pay.
  • Enforcement; burden of proof; effect of Equality Act 2010; submission of no case to answer.

The four cases considered this month are an eclectic lot. The only connection between them is that they all concern issues (depressingly?) well known to employment lawyers. The first contains a warning not to overuse a relatively recent Supreme Court decision on how to establish ‘the reason’ for a dismissal in the case of an organisation. The second explores yet again one of the most contentious areas in unfair dismissal law, namely when an employee can be fairly dismissed on suspicion, short of a genuine belief in guilt. It shows how parlous the position can be of an employee caught up in these circumstances, especially when the

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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