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Employment law brief: 14 January 2022

14 January 2022 / Ian Smith
Issue: 7962 / Categories: Features , Employment , Discrimination
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To kick off the new year, Ian Smith serves up a selection of delights including the role of fairness, the impact of the ACAS uplift & the relevance of gross misconduct in unfair dismissal claims
  • A new implied term of fairness in operating procedures?
  • Applying the ACAS uplift—the proper approach.
  • The relevance of gross misconduct in an unfair dismissal claim.

The three cases considered in this brief are all important in well-known areas of employment law. In the first the Court of Appeal have laid the groundwork for a new stand-alone implied term that an employer will apply a disciplinary procedure fairly. Although this is obiter, it is highly likely that it will be pursued in a case where it’s directly relevant, and sooner rather than later. In the second case the Employment Appeal Tribunal (EAT) has laid down guidance to employment tribunals (ETs) in deciding on whether to apply the uplift for failure to abide by the ACAS Code of Practice and, crucially, by how much.

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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