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Employment

16 October 2008
Issue: 7341 / Categories: Case law , Law digest , Employment
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Burmis v Governing Body of Aylesford School [2008] All ER (D) 28 (Oct)

(i) Rule 30(6) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004 (SI 2004/1861) requires a tribunal, having identified the issues in the case, to provide a succinct chronological statement of the facts found, explaining where necessary why factual conflicts in evidence have been resolved by the tribunal in the way that they have. There must be a concise statement of the law. Finally, the tribunal has to demonstrate its reasoning, applying the law to the facts as found, and explaining its conclusions on the issues raised.

(ii) While a delay of a year in promulgating an employment tribunal judgment ought never to happen (the maximum stipulated by the president of the employment tribunals is threeand- a-half months), the unusual feature of the instant case was the number of days the tribunal spent considering the matter. It was not a case where there had been a large gap in time between the tribunal’s deliberations and production of the judgment and reasons. In those circumstances, the mere fact of delay was not, of itself, a free-standing ground of appeal.

Issue: 7341 / Categories: Case law , Law digest , Employment
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MOVERS & SHAKERS

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

Excello Law—Heather Horsewood & Darren Barwick

Excello Law—Heather Horsewood & Darren Barwick

North west team expands with senior private client and property hires

Ward Hadaway—Paul Wigham

Ward Hadaway—Paul Wigham

Firm boosts corporate team in Newcastle to support high-growth technology businesses

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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