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A changing landscape?

How will the case of Edwards influence the future of wrongful dismissal claims? Spencer Keen & Jennifer Lee report

The law of unfair dismissal provides a remedy to employees whose termination has breached the generally accepted norms of industrial fairness set out in the Employment Rights Act 1996. On the other hand an action for wrongful dismissal provides a remedy based squarely on the law of contract. Practitioners have been advising clients about the practical effects of choosing between a wrongful dismissal case in the county court and an unfair dismissal case in the tribunal for many years. Most practitioners learn, at an early stage of their careers, the difference between the rules governing the award of compensation in both jurisdictions.

While the statutory cap on compensation for unfair dismissal has crept upwards (it is now £63,500) the rules governing the award of damages for wrongful dismissal have remained, for the most part, not only stable but also consistent with the general principles of contract law. In Gunton v Richmond Upon Thames London Borough Council [1980] 3 WLR 714 Buckley J

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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