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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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