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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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Jurit LLP—Caroline Williams

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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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