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14 January 2022 / Ian Smith
Issue: 7962 / Categories: Features , Employment , Discrimination
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Employment law brief: 14 January 2022

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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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