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10 March 2023 / Ian Smith
Issue: 8016 / Categories: Features , Employment , Disciplinary&grievance procedures
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Employment law brief: 10 March 2023

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In this month’s employment brief, Ian Smith breaks new ground courtesy of the Court of Appeal & navigates some tricky traps for unwary employees
  • Determining employment status and the relevance of the parties’ categorisation.
  • What is the effective date of termination of a dismissal?
  • The duty on the employer to indemnify the employee.

The three cases considered below fall into two distinct categories. The first and second concern well-established areas of law (employment status and the effective date of termination for statutory purposes) but are of interest for showing the practical application of existing rules, with the second in particular showing a trap for an unwary employee. However, the third case arguably breaks new ground. It concerns one of those areas in employment law—here the implied duty on the employer to indemnify the employee for costs and expenses incurred in the course of employment—where we all think we know what the law is, but if pushed would find it difficult to give precise authority for it. We now have direct authority, and Court of Appeal at

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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