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NLJ this week: Tesco, misconduct & restrictions on belief

18 October 2024
Issue: 8090 / Categories: Legal News , Employment , Tribunals , Terms&conditions , Discrimination
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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