Old caselaw gets a modern makeover: Ian Smith runs through secondment arrangements, multiple reasons for dismissal, & an appeal unlike any other
- Recent decisions have highlighted that a change of employer during secondment will be rare without clear contractual novation; collective disciplinary procedures can be contractually incorporated where wording and context support it; and tribunals must identify the employer’s actual principal reason for dismissal, not a reason that could have justified it.
- On procedural fairness, the Employment Appeal Tribunal reaffirmed that serious defects in handling an appeal can by themselves render a dismissal unfair, even if the outcome might ultimately have been the same.
The four cases considered here are all examples of longstanding issues in individual employment law. Much of the case authority in these areas is quite old, having had the basic rules established years ago, but it is instructive to see some modern instances and the exploration of some detailed points. Also, some of these judgments have made interesting side points. The cases cover secondment arrangements, implied incorporation of disciplinary procedures from collective agreements,
