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13 May 2022 / Ian Smith
Issue: 7978 / Categories: Features , Employment
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Employment law brief: 13 May 2022

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Relationships matter, says Ian Smith. And nowhere more so than in modern employment law which grapples with some of the more painful aspects of working life
  • The relationship between mutual agreement and taking a redundancy offer.
  • The relationship between the last straw doctrine and use of an internal grievance procedure.
  • The relationship between the duty to make reasonable adjustments and unfair dismissal.
  • The relationship between subjective belief and reasonableness in harassment law.

There is a theme to the four cases considered this month, which is relationships. For once (at the moment) this is not about various fumblings (with persons or tractors) after extended drinks in Parliamentary bars, but within particular areas of modern employment law, namely mutual agreement/ redundancy offers, the last straw doctrine/use of grievance procedures, the duty to make reasonable adjustments/unfair dismissal and subjective belief/reasonableness in harassment cases.

Mutual agreement & redundancy

The question whether an employment has been terminated by agreement (hence no dismissal and no action for unfair dismissal) has raised several important issues (such as forced resignations) but one point that has been reasonably

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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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