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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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Birketts—Nathan Evans

Birketts—Nathan Evans

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Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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