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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

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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