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11 October 2018 / Ian Smith
Issue: 7812 / Categories: Features , Employment
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Employment law brief: 11 October 2018

In this month’s brief, Ian Smith shines the spotlight on some age-old ambiguities

  • Construing the contract in a ‘Wages Act’ claim.
  • Appeals where the tribunal papers are not actually received.
  • ‘Giving notice’ can be ambiguous.

In the last month, the Court of Appeal has handed down two judgments settling points of controversy in areas of employment law:

  • as to substance, whether a tribunal in determining a ‘Wages Act’ claim for unlawful deductions can if necessary construe/interpret the claimant’s contract of employment in order to determine what was ‘properly payable’; and
  • as to procedure, how to deal with a case where the losing party in a tribunal fails to appeal to the Employment Appeal Tribunal (EAT) within the tight deadline of 42 days because he or she has not actually received the relevant documentation from the tribunal.

On a common-sense basis, it may be that the answers to these questions should be obvious but, as we shall see, the issues are not so simple, to the extent that in the second, although

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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