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05 February 2020 / Ian Smith
Issue: 7873 / Categories: Features , Employment
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Employment law brief: 5 February 2020

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Sent packing? Ian Smith says there’s life after Brexit for unfair dismissal claims
  • Unfair dismissal & human rights.
  • Reasonable investigation in general and investigatory hearings.
  • Applying the correct test for contributory fault.

At the end of a month that culminated with our departure from the EU at the macro end of the scale, it is perhaps comforting that, not only does life go on but, at the micro end, the case law during it has concentrated on some of the eternal verities of the almost immutable law of unfair dismissal, which has been with us since the Industrial Relations Act 1971 and has suffered since then from remarkably little change in the basic legislation.

Unfair dismissal & human rights

The key point in Q v Secretary of State for Justice UKEAT/0120/19before Judge Auerbach is the affirmation of the approach taken by the Court of Appeal in Turner v East Midlands Trains Ltd [2012] EWCA Civ 1470 , [2013] IRLR 107, [2013] 3 All ER 375 that the range of reasonable responses test for unfair dismissal is

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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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