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Employment law brief: 11 November 2015

11 November 2015 / Ian Smith
Issue: 7676 / Categories: Features , Employment
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Ian Smith considers ancient & modern aspects of employment law & notes some warning shots to employees

The first two of the four Employment Appeal Tribunal (EAT) cases considered this month lie at the opposite end of the “ancient and modern” spectrum of employment law. The first concerns the ancient end, and constitutes a reminder not to confuse the very different actions for unfair dismissal and wrongful dismissal—the difference is certainly not semantic. The second, however, concerns the relatively recent amendment to whistleblowing law which was meant to narrow its scope in one crucial way, but is arguably now in danger of being eviscerated by case law, though with an appeal to the Court of Appeal in the offing next year which hopefully will determine the point authoritatively.

The third and fourth cases can be seen as warning shots to employees in two areas normally given a high level of legal protection (long-term sickness and trade union activities) that by their behaviour they can put themselves outside that protection.

Unfair and/or

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MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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