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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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