Ian Smith considers ancient & modern aspects of employment law & notes some warning shots to employees
The first two of the four Employment Appeal Tribunal (EAT) cases considered this month lie at the opposite end of the “ancient and modern” spectrum of employment law. The first concerns the ancient end, and constitutes a reminder not to confuse the very different actions for unfair dismissal and wrongful dismissal—the difference is certainly not semantic. The second, however, concerns the relatively recent amendment to whistleblowing law which was meant to narrow its scope in one crucial way, but is arguably now in danger of being eviscerated by case law, though with an appeal to the Court of Appeal in the offing next year which hopefully will determine the point authoritatively.
The third and fourth cases can be seen as warning shots to employees in two areas normally given a high level of legal protection (long-term sickness and trade union activities) that by their behaviour they can put themselves outside that protection.
Unfair and/or wrongful?
One of the first things to drill into any
