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Employment law brief: 5 March 2020

05 March 2020 / Ian Smith
Issue: 7877 / Categories: Features , Employment
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Ian Smith tackles another fine mess or two, including Laurel & Hardy in the Employment Appeal Tribunal
  • The policy against multiple contemporaneous employers outside tort cases.
  • Illegal conduct later rectified—the effect?
  • Fair dismissal on suspicion, not reasonable belief

Can an employee have more than one employer for one employment? What happens if an illegal contract is later performed legally? When can an employer dismiss on mere suspicion? These questions are raised in this Brief, but there is a fourth and even more fundamental question—why have James Corden and Laurel and Hardy been in the Employment Appeal Tribunal (EAT)? Read on, gentle reader, read on.

In Patel v Specsavers Optical Group Ltd UKEAT/0286/19 the claimant was an optician working through the well-known high street optician. When his work was terminated, he brought ET proceedings inter alia for unfair dismissal, but his claim went wrong procedurally, in such a way that he was ultimately forced back on to an argument that he had been employed by two companies contemporaneously, which Judge Stacey in the EAT held is in general impossible

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