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13 November 2008
Issue: 7345 / Categories: Opinion , Employment
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The unbelievable truth

Absurd circumstances are a daily occurrence at the coalface of employment law, says Ian Smith

“A worker (admittedly not an employee) who had been investigated for misconduct following a police investigation claimed that he had been victimised because he had blown the whistle on a third party, but before these matters could come to a head he was made redundant under a procedure operating partly on LIFO. Discuss.”

One of the beauties of lecturing employment law is that you do not have to make up daft examples for illustrations or exam questions; they tend to arise naturally. In the fine tradition of academic exaggeration, the above facts did not occur this month in one case, but in four. However, we must never let the facts get in the way of a good story.

Redrow Homes: the continuing tale
Readers will recall that the case of Redrow Homes (Yorkshire) Ltd v Wright [2004] IRLR 720, [2004] 3 All ER 98 was one of those that emphasised that the “worker” definition in the Working Time Regulations 1998 (SI 1998/1833) (the Regulations) reg 2 can apply to many people who

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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
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
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