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18 October 2024
Issue: 8090 / Categories: Legal News , Employment , Tribunals , Terms&conditions , Discrimination
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NLJ this week: Tesco, misconduct & restrictions on belief

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It’s not often you get a Supreme Court decision in employment law, writes professor & barrister Ian Smith in this week’s NLJ

Smith, of Norwich Law School, UEA, dives into the issues of fire and rehire in the recent Tesco Stores v USDAW case, as well as three other recent cases for further exploration in his employment law brief.

Smith writes: ‘The judgment serves a useful function in approving the ‘PHI [permanent health insurance] cases’ (as we know and love them, holding that if extensive sickness cover is promised, the employer cannot later try to wriggle out of it) and confirming that the basic principle behind them can apply more generally.’

He also covers cases on the overlap between incapability and misconduct in unfair dismissal, where a charity worker threatened to punch someone in the head; restrictions on expression of religion or belief, where a teacher misgendered a pupil; and the question of whether a belief is worthy of respect, where an employee expressed the view that Muslims should be deported.

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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