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08 March 2013
Issue: 7551 / Categories: Case law , Law digest , In Court
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Employment

Davies v Sandwell Metropolitan Borough Council [2013] EWCA Civ 135, [2013] All ER (D) 310 (Feb)

It was settled law that it was legitimate for an employer to rely on a final warning provided that it was issued in good faith, that there were at least prima facie grounds for imposing it, and that it had not been manifestly inappropriate to have issued it. The guiding principle in determining whether a dismissal was fair or unfair in cases where there had been a prior final warning did not originate in authorities, which were but instances of the application of s 98(4) of the Employment Rights Act 1996 to particular sets of facts. The broad test laid down by s 98(4) of the Act was whether, in the particular case, it was reasonable for the employer to treat the conduct reason, taken together with the circumstances of the final written warning, as sufficient to dismiss the employee. In answering that question, it was not the function of the tribunal to re-open the final warning and rule on an issue raised by the employee as to whether the final warning should, or

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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

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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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