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18 October 2024
Issue: 8090 / Categories: Legal News , Employment , Tribunals , Terms&conditions , Discrimination
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NLJ this week: Tesco, misconduct & restrictions on belief

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It’s not often you get a Supreme Court decision in employment law, writes professor & barrister Ian Smith in this week’s NLJ

Smith, of Norwich Law School, UEA, dives into the issues of fire and rehire in the recent Tesco Stores v USDAW case, as well as three other recent cases for further exploration in his employment law brief.

Smith writes: ‘The judgment serves a useful function in approving the ‘PHI [permanent health insurance] cases’ (as we know and love them, holding that if extensive sickness cover is promised, the employer cannot later try to wriggle out of it) and confirming that the basic principle behind them can apply more generally.’

He also covers cases on the overlap between incapability and misconduct in unfair dismissal, where a charity worker threatened to punch someone in the head; restrictions on expression of religion or belief, where a teacher misgendered a pupil; and the question of whether a belief is worthy of respect, where an employee expressed the view that Muslims should be deported.

MOVERS & SHAKERS

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"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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