Common law under attack? Ian Smith reports on the latest cases from the Court of Appeal & a particularly busy spell for Lord Justice Bean & Lady Justice Simler
- No limit on the power to terminate on proper notice.
- Upholding the ‘least burdensome’ principle.
- Explaining the separability principle.
The last month has seen two awaited decisions of the Supreme Court, in Harpur Trust v Brazel [2022] UKSC 21, [2022] All ER (D) 72 (Jul) on the statutory holiday pay entitlement of a part-year (as opposed to a part-time) worker, and in Basfar v Wong [2022] UKSC 20, [2022] All ER (D) 15 (Jul) on the application of diplomatic immunity in cases of alleged modern slavery (also of interest as it is the first leapfrog appeal from the Employment Appeal Tribunal (EAT) directly to the Supreme Court). These will doubtless be debated elsewhere. The cases considered in this brief were at Court of Appeal level and considered important principles of the common law of employment which in one way or
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