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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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The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
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