header-logo header-logo

Spinning a yarn

12 August 2010 / Ian Smith
Issue: 7430 / Categories: Features , Child law , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll