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Employment law brief: 11 October 2018

11 October 2018 / Ian Smith
Issue: 7812 / Categories: Features , Employment
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In this month’s brief, Ian Smith shines the spotlight on some age-old ambiguities

  • Construing the contract in a ‘Wages Act’ claim.
  • Appeals where the tribunal papers are not actually received.
  • ‘Giving notice’ can be ambiguous.

In the last month, the Court of Appeal has handed down two judgments settling points of controversy in areas of employment law:

  • as to substance, whether a tribunal in determining a ‘Wages Act’ claim for unlawful deductions can if necessary construe/interpret the claimant’s contract of employment in order to determine what was ‘properly payable’; and
  • as to procedure, how to deal with a case where the losing party in a tribunal fails to appeal to the Employment Appeal Tribunal (EAT) within the tight deadline of 42 days because he or she has not actually received the relevant documentation from the tribunal.

On a common-sense basis, it may be that the answers to these questions should be obvious but, as we shall see, the issues are not so simple, to the extent that in the second, although

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

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Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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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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