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14 July 2017 / Ian Smith
Issue: 7754 / Categories: Features , Employment
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Employment law brief: 14 July 2017

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Before putting his feet up for the summer, Ian Smith goes above & beyond the call of duty

  • What constitutes a reasonable appeal?
  • Misconduct, conduct or culpability?
  • When can a pay protection scheme be relied on in an equal pay claim?

What constitutes a reasonable appeal procedure in an unfair dismissal case? Does an employee dismissed for misconduct have to have behaved ‘culpably’? When can a pay protection scheme be relied on as a defence to an equal pay claim? What is the meaning of life? Why are we all here? The answers to all these questions (except the last two) are contained in this month’s brief.

What constitutes a reasonable appeal?

The significance of an appeal system in a disciplinary procedure is well established. The decision of Simler P in Elmore v Governors of Darland High School UKEAT/0209/16 emphasises that whether an appeal was fairly conducted is a matter of fact for the tribunal, which may apply a test of whether the procedure was fair overall

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Sophie Charlton of Vardags in London has been announced as the latest winner of AlphaBiolabs’ Giving Back initiative, with her nomination directing a donation to Reunite International
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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