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07 May 2014 / Ian Smith
Issue: 7605 / Categories: Features , Employment
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Employment law brief: 7 May 2014

 Ian Smith considers the latest employment law developments

 

Two decisions reported in this month’s column concern basic (but not therefore easy) points of unfair dismissal law. The third case is yet another “interesting” case on TUPE; it is on unusual facts, but could still be of some significance generally on the definition of a “service provision change”.

Reasonableness of a dismissal (i): risk of harm to career

In Monji v Boots Management Services Ltd UKEAT/0292/13 the tribunal found the claimant’s dismissal for suspected theft of store goods fair substantively and procedurally. On appeal, the claimant’s argument was that, as a professional pharmacist, a fair dismissal would have a particularly acute effect on her future livelihood and that this fact had not been taken sufficiently into account by the tribunal as a factor on its own (potentially raising the bar on the level of investigation needed), as required by the decision of the EAT in A v B [2003] IRLR 405, [2003] All ER (D) 184 (May) and more particularly that of the Court of Appeal in Salford Royal NHS FoundationTrust v Roldan

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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

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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