header-logo header-logo

Employment law brief: 13 May 2022

13 May 2022 / Ian Smith
Issue: 7978 / Categories: Features , Employment
printer mail-detail
81325
Relationships matter, says Ian Smith. And nowhere more so than in modern employment law which grapples with some of the more painful aspects of working life
  • The relationship between mutual agreement and taking a redundancy offer.
  • The relationship between the last straw doctrine and use of an internal grievance procedure.
  • The relationship between the duty to make reasonable adjustments and unfair dismissal.
  • The relationship between subjective belief and reasonableness in harassment law.

There is a theme to the four cases considered this month, which is relationships. For once (at the moment) this is not about various fumblings (with persons or tractors) after extended drinks in Parliamentary bars, but within particular areas of modern employment law, namely mutual agreement/ redundancy offers, the last straw doctrine/use of grievance procedures, the duty to make reasonable adjustments/unfair dismissal and subjective belief/reasonableness in harassment cases.

Mutual agreement & redundancy

The question whether an employment has been terminated by agreement (hence no dismissal and no action for unfair dismissal) has raised several important issues

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll