header-logo header-logo

Employment law brief: 13 August 2021

13 August 2021 / Ian Smith
Issue: 7945 / Categories: Features , Employment
printer mail-detail
54932
Ian Smith signs off from his beach hut with an eclectic mix of cases involving suspicion, doubt, disbelief & enforcement
  • Establishing the reason for dismissal in an organisation.
  • Dismissal on suspicion, short of positive belief.
  • Reasonable adjustments; no general requirement to maintain higher level of pay.
  • Enforcement; burden of proof; effect of Equality Act 2010; submission of no case to answer.

The four cases considered this month are an eclectic lot. The only connection between them is that they all concern issues (depressingly?) well known to employment lawyers. The first contains a warning not to overuse a relatively recent Supreme Court decision on how to establish ‘the reason’ for a dismissal in the case of an organisation. The second explores yet again one of the most contentious areas in unfair dismissal law, namely when an employee can be fairly dismissed on suspicion, short of a genuine belief in guilt. It shows how parlous the position can be of an employee caught up in these circumstances, especially when the range of reasonable responses test is added into this witch’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll