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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

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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