header-logo header-logo

Employment law brief: 14 January 2022

14 January 2022 / Ian Smith
Issue: 7962 / Categories: Features , Employment , Discrimination
printer mail-detail
68398
To kick off the new year, Ian Smith serves up a selection of delights including the role of fairness, the impact of the ACAS uplift & the relevance of gross misconduct in unfair dismissal claims
  • A new implied term of fairness in operating procedures?
  • Applying the ACAS uplift—the proper approach.
  • The relevance of gross misconduct in an unfair dismissal claim.

The three cases considered in this brief are all important in well-known areas of employment law. In the first the Court of Appeal have laid the groundwork for a new stand-alone implied term that an employer will apply a disciplinary procedure fairly. Although this is obiter, it is highly likely that it will be pursued in a case where it’s directly relevant, and sooner rather than later. In the second case the Employment Appeal Tribunal (EAT) has laid down guidance to employment tribunals (ETs) in deciding on whether to apply the uplift for failure to abide by the ACAS Code of Practice and, crucially, by how much.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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 dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
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
back-to-top-scroll