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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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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