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Employment law brief: 18 October 2024

18 October 2024 / Ian Smith
Issue: 8090 / Categories: Features , Employment , Tribunals , Terms&conditions , Discrimination
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Ian Smith gets the flags out for the Supreme Court in Tesco Stores, & addresses the age-old issue of unfair dismissal
  • Case one: fire and rehire, plus the meaning of a ‘permanent’ change.
  • Case two: unfair dismissal, with an overlap between incapability and misconduct.
  • Case three: restrictions on expression of religion or belief.
  • Case four: the question of whether a belief is worthy of respect, plus Grainger (v).

Supreme Court decisions are not common in employment law, and so the big news this month has been the decision in the Tesco Stores case, holding that when an employer negotiated a valuable benefit for employees on the basis that it would be ‘permanent’, it actually meant it. In so holding, the judgment serves a useful function in approving the ‘PHI [permanent health insurance] cases’ (as we know and love them, holding that if extensive sickness cover is promised, the employer cannot later try to wriggle out of it) and confirming that the basic principle behind them

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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