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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

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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