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27 November 2014 / Ian Smith
Issue: 7632 / Categories: Features , Employment
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Employment law brief: 27 November 2014

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Ian Smith reflects upon the impact of recent employment law developments

The first two cases considered this month merit fairly extensive consideration because of their importance in their areas. The first in effect uses a recent Supreme Court case on the common law of dismissal to reopen a hitherto little used avenue for an employer faced with an important employee purporting to leave (to join a competitor) in flagrant breach of a notice requirement, without the expense of paying him or her out under a garden leave clause. The second revisits the question of how to operate the important Polkey reduction in unfair dismissal cases, where the tribunal has to assess future likelihoods. The third case is nothing like so important in principle, but is nevertheless of interest in showing how large a costs order can be in what is always said to be essentially a costs-free jurisdiction.

Stopping unlawful competition

When the Supreme Court decided in Societe Generale v Geys [2013] IRLR 122, [2012] All ER (D) 196 (Dec) that the correct theory to apply to termination of employment

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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