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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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Harneys—Maggie Kwok & George Weston

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NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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