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Employment law brief: 11 July 2025

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Taking the recent heatwave in his stride, Ian Smith (not pictured) introduces the Magnificent Six
  • Capability dismissals and the overlap with SOSR.
  • Redundancy dismissals and the search for alternative work.
  • Early conciliation; the s 207B(3) extension of the time limit.
  • Striking out for failure to comply with ET orders; relevance of an unless order instead
  • Procedure at hearing; splitting or combining liability and remedy.
  • Costs orders, discrimination cases and litigants in person.

What the six cases considered in this month’s brief have in common is that they are all concerned with precise but important points of interpretation—a common feature of our complex employment law. In unfair dismissal law, they cover the overlap between capability and some other substantial reason, and the importance of the search for alternative employment in redundancy cases. There are then four cases on employment tribunal (ET) procedure, covering ACAS early conciliation; striking out for failure to carry out ET orders; when to use combined hearings rather than splitting liability and remedy; and how to approach a costs

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