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17 February 2015 / Ian Smith
Categories: Features , Employment
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Welcome relief

Ian Smith reports on basic & immutable problems of employment law that require complex answers

There are times where there is comfort to be gained from the bog-standard. In a month when we have been bombarded with regulations on shared parental leave which are so voluminous and complicated that a little light relief can be sought from reading Magna Carta in the original, it is nice to see three recent Employment Appeal Tribunal (EAT) cases on very basic and immutable problems of employment law. These are the effect of a successful internal appeal against dismissal, the effect of continuing to receive sick pay from the employer when deciding whether to leave and claim constructive dismissal and how to decide on the “place of work” of a mobile employee. Although these are simple questions to state, fortunately for lawyers and their bank balances they can demand more complex answers.

The effect of a successful appeal against dismissal

Cases on the contractual status of internal disciplinary procedures tend to revolve around whether they are or are not incorporated

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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