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13 January 2017 / Ian Smith
Issue: 7729 / Categories: Features , Employment
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​Employment law brief

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Recent case law provides a good illustration of established rules in the longstanding law on unfair dismissal, says Ian Smith

 
  • Multiple reasons in constructive dismissal cases.
  • Using lapsed warnings.
  • The right approach to whistleblowing allegations.
  • Practicability in re-engagement claims.

What the four cases considered this month have in common is that, while breaking no new ground, they are good illustrations of established rules in our longstanding law on unfair dismissal. They cover multiple reasons in constructive dismissal cases, using lapsed warnings, the right approach to whistleblowing allegations and practicability in re-engagement claims.

Constructive dismissal—multiple reasons for leaving

It is well established that where there are two or more reasons for the employee leaving, he or she will still be able to claim constructive dismissal if at least one of them constituted a repudiatory breach by the employer, and that the tribunal must not take an overly “purist” approach by looking for the principal reason for leaving. The decision of Judge Shanks in Ishaq v Royal Mail Group UKEAT/0156/16 however shows

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Cripps—Radius Law

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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