Employment law brief in this week’s NLJ sees Professor Ian Smith dissect three recent cases that show lacunae in the law
The cases cover the law on detriment relating to industrial action incompatible with Convention rights, whistleblowing detriment, and termination by the employer and the rule in Hogg v Dover College.
On the third case, Professor Smith, of the Norwich Law School, UEA, writes that it raised a question as to how the rule in Hogg interacts with a common law action for wages. He notes: ‘The case is obviously an untypical one. Normally in a case of forced changes, an employer would not wish to open the can of worms called Hogg which could, while saving it a few bob in wages, expose it to a much more embarrassing and costly unfair dismissal action.’
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