header-logo header-logo

13 November 2008
Issue: 7345 / Categories: Opinion , Employment
printer mail-detail

The unbelievable truth

Absurd circumstances are a daily occurrence at the coalface of employment law, says Ian Smith

“A worker (admittedly not an employee) who had been investigated for misconduct following a police investigation claimed that he had been victimised because he had blown the whistle on a third party, but before these matters could come to a head he was made redundant under a procedure operating partly on LIFO. Discuss.”

One of the beauties of lecturing employment law is that you do not have to make up daft examples for illustrations or exam questions; they tend to arise naturally. In the fine tradition of academic exaggeration, the above facts did not occur this month in one case, but in four. However, we must never let the facts get in the way of a good story.

Redrow Homes: the continuing tale
Readers will recall that the case of Redrow Homes (Yorkshire) Ltd v Wright [2004] IRLR 720, [2004] 3 All ER 98 was one of those that emphasised that the “worker” definition in the Working Time Regulations 1998 (SI 1998/1833)

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll