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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

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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