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04 September 2009 / Ian Smith
Issue: 7383 / Categories: Features , Employment
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Employment matters

Ian Smith provides an update from
the courts

Of the four cases considered in this column this month, three concern general principles of employment law—the right (or otherwise) to legal representation at a disciplinary hearing, the “effective date of termination” in a case of dismissal without notice and how equal pay claims and the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) fit together. As will be seen, these topics are united by the fact that they have exercised the minds (and sometimes the patience) of employment lawyers over many years. Indeed, it is argued that the real problem behind the third one (equal pay and TUPE) is that both of these areas are, in employment law terms, so old, but historically were never designed to fit together. By contrast, the fourth case concerned a pure question of statutory interpretation of the Disability Discrimination Act 1995, revolving around a word that sounds perfectly normal and innocuous but had proved to be neither in the hitherto-inconsistent case law.

A right to legal representation ?

Earlier this

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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