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NLJ this week: Lies, confusion & missed points in employment law

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What happens where an employer thinks an employee has resigned but they haven’t? This is one of a trio of cases covered in this week’s NLJ employment law brief by Ian Smith, barrister, emeritus professor of employment law at the Norwich Law School, UEA.

Smith writes that this particular judgment ‘gives guidance for the first time on cases where the employer has terminated the employment in the genuine but mistaken belief that the employee has in fact resigned. This last one is of particular interest on its facts, showing how easily major confusion can arise on such a termination, as to who did or said what’.

Smith also covers caselaw on the implications of inaccuracies in an individual’s application form, and the circumstances in which an employment tribunal should investigate a point off its own bat, even if not raised by a party. 

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
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