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A sting in the tail

14 December 2012 / Ian Smith
Issue: 7542 / Categories: Features , Employment
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Ian Smith reviews recent employment law decisions

Three cases this month concern important issues on dismissal law. The first and third are on old law, one concerning common law contractual liability (with a nasty sting in the tail) and the other concerning disciplinary warnings which contains a very useful resume by the Employment Appeal Tribunal (EAT) president. The second case concerns another employment law immutable, the range of reasonable responses test for unfair dismissal, but with a modern twist to the arguments.

A cautionary tale

The decision of Briggs J in Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch), [2012] All ER (D) 201 (Nov) concerning the unlawful disciplining and demotion of a housing manager because of an outside-work Facebook posting criticising proposals for same-sex marriage as “an equality too far” was widely reported in the press and, moreover, it contains a very interesting application (to the claimant’s great disadvantage on damages) of one of the more esoteric elements of employment law, the rule in Hogg v Dover College

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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