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26 October 2012 / Ian Smith
Issue: 7535 / Categories: Features , Tribunals , Disciplinary&grievance procedures , TUPE , Employment
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Working it out

Ian Smith reviews recent employment law decisions

Employment law problems can be difficult enough to resolve when facts and motivations are clear, but can become even more difficult if mixed reasons or motives are involved. Two recent cases illustrate this, both in areas where the law is obviously predicated on there normally being one factor causing the problem (constructive dismissal and TUPE-related dismissals). Interestingly, and perhaps quite typically in this neck of the woods, the answers given to the question whether it is necessary to look for a single, principal, reason are subtly different because of the different contexts. The third case considered here concerned continuity of employment, an area which in the main has long since been settled by now-old case law but which can still throw up the odd curve ball. The final case concerned a point of discrimination law on which the Equality Act 2010 contains a potentially useful legislative clarification. One other point to notice is that the result of the first and third cases is a score

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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