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25 November 2011 / Ian Smith
Issue: 7491 / Categories: Features , Tribunals , Employment
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Play it again, Sam

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Ian Smith explores some recent cases that reaffirm existing employment law

The last month has felt like something of a hiatus in employment law. We are still awaiting certain cases pending before the Supreme Court and European Court of Justice, and after a rush of activity from the government before the summer recess, concerning possible amendments to legislation, that area seems to have gone to sleep temporarily. Similarly, the case law reported has not contained any major pronouncements or bombshells. On the other hand, there has been some interesting stuff reaffirming existing law but with some twists or refinements. It is into that category that the four cases chosen for this column fall.

New methods or new job?

The decision of the Employment Appeal Tribunal (EAT) under Slade J in Smith v London Metropolitan University [2011] IRLR 884, [2011] All ER (D) 19 (Sep) establishes a potentially important point on the employee’s implied duty of reasonable adaptation and reiterates a point on whistleblowing already made by the same judge in

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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