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12 August 2010 / Ian Smith
Issue: 7430 / Categories: Features , Child law , Employment
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Spinning a yarn

Ian Smith reports on dangerous maxims, rumours & suspicion

“When I use a word,” Humpty Dumpty said in a rather scornful tone, “it means just what I choose it to mean—neither more nor less”. The first case reported this month shows how dangerous that well known maxim can be for an employer, with apparently little scope for withdrawal of a dismissal that the employer decides was not really intended. This is a modern spin on a longstanding problem in employment relations. Similarly, the second case concerns a longstanding conundrum about dismissal not for proved misconduct but because of rumour and suspicion; the twist here is that it arose in an area of modern concern (child abuse) where, as the Employment Appeal Tribunal (EAT) pointed out sharply, the desire to do “everything to stamp it out” can potentially lead under normal employment law rules to great injustice to those falling under suspicion.

The meaning of words

The question whether language is sufficient to constitute a termination has long proved troublesome. The most obvious problem is ambiguous language but ironically some of the most difficult

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MOVERS & SHAKERS

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

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
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
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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