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13 October 2023
Issue: 8044 / Categories: Legal News , Employment
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NLJ this week: Dismissed by mutual agreement, time limits, and how judges should write their employment tribunal judgments

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In this week’s NLJ, Ian Smith traces the latest trend in the employment tribunal as a common theme in three recent cases, covering termination by agreement, time limits and the form of judgments

Previously, the Employment Appeal Tribunal (EAT) tended to return decision-making to the tribunal. ‘In recent years,’ Smith writes in his latest employment law brief, ‘the pendulum has tended to swing at least part-way back and the modern EAT judiciary are more willing to try to help the ETs out, albeit sometimes prefaced with the mantra that this is only guidance.’

Smith covers a case where an employee’s contract was terminated by mutual agreement following unusually long sick leave. Whether this really was a mutual agreement was tested by the tribunal.

He covers a case where the parties struggled to establish the start-date for a time limit where the case concerned an omission to do something rather than a positive act. Thirdly, he highlights a case where the judge gave guidance on the writing of employment tribunal judgments and the approach the EAT should take to considering them on appeal. 

Issue: 8044 / Categories: Legal News , Employment
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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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