header-logo header-logo

18 October 2024 / Ian Smith
Issue: 8090 / Categories: Features , Employment , Tribunals , Terms&conditions , Discrimination
printer mail-detail

Employment law brief: 18 October 2024

193153
Ian Smith gets the flags out for the Supreme Court in Tesco Stores, & addresses the age-old issue of unfair dismissal
  • Case one: fire and rehire, plus the meaning of a ‘permanent’ change.
  • Case two: unfair dismissal, with an overlap between incapability and misconduct.
  • Case three: restrictions on expression of religion or belief.
  • Case four: the question of whether a belief is worthy of respect, plus Grainger (v).

Supreme Court decisions are not common in employment law, and so the big news this month has been the decision in the Tesco Stores case, holding that when an employer negotiated a valuable benefit for employees on the basis that it would be ‘permanent’, it actually meant it. In so holding, the judgment serves a useful function in approving the ‘PHI [permanent health insurance] cases’ (as we know and love them, holding that if extensive sickness cover is promised, the employer cannot later try to wriggle out of it) and confirming that the basic principle behind them can apply more generally.

The second case considered here

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

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
back-to-top-scroll