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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

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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