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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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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

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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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