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14 December 2012 / Ian Smith
Issue: 7542 / Categories: Features , Employment
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A sting in the tail

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Ian Smith reviews recent employment law decisions

Three cases this month concern important issues on dismissal law. The first and third are on old law, one concerning common law contractual liability (with a nasty sting in the tail) and the other concerning disciplinary warnings which contains a very useful resume by the Employment Appeal Tribunal (EAT) president. The second case concerns another employment law immutable, the range of reasonable responses test for unfair dismissal, but with a modern twist to the arguments.

A cautionary tale

The decision of Briggs J in Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch), [2012] All ER (D) 201 (Nov) concerning the unlawful disciplining and demotion of a housing manager because of an outside-work Facebook posting criticising proposals for same-sex marriage as “an equality too far” was widely reported in the press and, moreover, it contains a very interesting application (to the claimant’s great disadvantage on damages) of one of the more esoteric elements of employment law, the rule in Hogg v Dover College [1990] ICR 39.

As a matter of substance, the judge

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

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Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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