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Fight for the right

29 July 2011 / Ian Smith
Issue: 7476 / Categories: Features , Tribunals , Disciplinary&grievance procedures , Employment
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Ian Smith enters into the tussle between employment law & human rights

The column this month is, unusually, devoted to only one case. There are currently an unusual number of cases on employment law before the Supreme Court. One very important one on whether and, if so, when “loss of career” damages may be awarded in a common law action was heard towards the end of June (Edwards v Chesterfield Royal Hospital NHS Trust) and its result is awaited with a mixture of fascination and trepidation. In the meantime, we have had the first judgment in the forthcoming series of them, concerning the always controversial area of the interaction of employment law and human rights law, this time in the context of rights to representation before internal disciplinary hearings.

The question of representation

R (G) v Governors of X School [2011] UKSC 30, [2011] All ER (D) 220 (Jun) is the much awaited Supreme Court decision on the question which has arisen in the last couple

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NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
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