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11 March 2011 / Ian Smith
Issue: 7456 / Categories: Features
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Employment law brief: 11 March 2011

Ian Smith reports on an unusual misconduct dismissal, Tupeland & product placement

As well as a blatant piece of product placement (legal as from last month, see box on p 343), this column concentrates on only two of the considerable number of employment cases reported recently, both of which raised fundamental issues which need the space. 

  • The first concerned an unusual point on misconduct dismissals—if you have to look at what the employer actually knew as at the date of dismissal, what does a corporate or institutional employer “know”?
  • The second addresses a potentially vital issue on TUPE (itself under attack last month politically for “gold plating” the backing directive) as to how it interacts with insolvency laws and provisions.

What does a corporate employer “know”?

The well known rule in Devis & Sons Ltd v Atkins [1977] AC 931, HL normally operates to provide that an employer cannot justify a dismissal as fair on after-acquired evidence. Another way of putting this is that fairness requires evaluation of the employer’s decision to dismiss on its knowledge at the time of dismissal

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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