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13 November 2008
Issue: 7345 / Categories: Opinion , Employment
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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)

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MOVERS & SHAKERS

Freeths—Rachel Crosier

Freeths—Rachel Crosier

Projects and rail practices strengthened by director hire in London

DWF—Stephen Hickling

DWF—Stephen Hickling

Real estate team in Birmingham welcomes back returning partner

Ward Hadaway—44 appointments

Ward Hadaway—44 appointments

Firm invests in national growth with 44 appointments across five offices

NEWS
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
The Serious Fraud Office (SFO) has narrowly preserved a key weapon in its anti-corruption arsenal. In this week's NLJ, Jonathan Fisher KC of Red Lion Chambers examines Guralp Systems Ltd v SFO, in which the High Court ruled that a deferred prosecution agreement (DPA) remained in force despite the company’s failure to disgorge £2m by the stated deadline
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