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Employment law brief: 9 October 2020

08 October 2020 / Ian Smith
Issue: 7905 / Categories: Features , Employment
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Are you sitting comfortably? Ian Smith delves into three cases, including employment lawyers being advised not to indulge in fairy stories…

In brief

  • Dismissal on suspicion—a procedural caveat.
  • Efforts to find alternative employment—chance of a job insufficient.
  • ET Pleadings—warning to parties not to use a ‘narrative style’.

‘Are you sitting comfortably? Then, I’ll begin. Once upon a time there was a clever and brave employee with a wicked stepmother/employer, who once said to them ...’. At this point, Her Honour Judge Tucker descends ex cathedra with a mighty, ‘STOP ! I don’t want a fairy story, I want to know what this damned case is about’.

This is a rather rough précis of the third case considered here, in which the learned judge told employment lawyers in no uncertain terms that they should cease and desist from the hitherto growing tendency to draft ET1 and ET3 forms in ‘narrative form’ bearing more resemblance to a witness statement than a statement of case; instead they should concentrate on making

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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