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19 March 2014 / Ian Smith
Issue: 7599 / Categories: Features , Employment
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Employment law brief: 19 March 2014

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Ian Smith investigates some rare sightings of dismissal law controversy

When spending idle hours reading the notes to the statutes in Division Q of Harvey, one of the things that can strike you is how immutable the law of unfair dismissal has been for the last 42 years. Not only has the legislation hardly changed, except for the odd politically sensitive point such as the length of the qualifying period, but much of the leading case law is now remarkably old, having laid down the principal points of interpretation at an early stage in this law’s history. Just occasionally, however, we still get the occasional controversy or necessary touch on the tiller (just as we still get cases on the meaning of “redundancy”—as Judge Clark has been known to point out, how can we expect anything else when the statutory definition has only been with us for 49 years?!). Unusually, the three cases chosen for this month’s column all concern basic concepts of dismissal law—the first is about how to define gross misconduct leading to lawful summary dismissal, the second

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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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