header-logo header-logo

12 August 2010 / Ian Smith
Issue: 7430 / Categories: Features , Child law , Employment
printer mail-detail

Spinning a yarn

Ian Smith reports on dangerous maxims, rumours & suspicion

“When I use a word,” Humpty Dumpty said in a rather scornful tone, “it means just what I choose it to mean—neither more nor less”. The first case reported this month shows how dangerous that well known maxim can be for an employer, with apparently little scope for withdrawal of a dismissal that the employer decides was not really intended. This is a modern spin on a longstanding problem in employment relations. Similarly, the second case concerns a longstanding conundrum about dismissal not for proved misconduct but because of rumour and suspicion; the twist here is that it arose in an area of modern concern (child abuse) where, as the Employment Appeal Tribunal (EAT) pointed out sharply, the desire to do “everything to stamp it out” can potentially lead under normal employment law rules to great injustice to those falling under suspicion.

The meaning of words

The question whether language is sufficient to constitute a termination has long proved troublesome. The most obvious problem

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll