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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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