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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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