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NLJ this week: Tesco, misconduct & restrictions on belief

18 October 2024
Issue: 8090 / Categories: Legal News , Employment , Tribunals , Terms&conditions , Discrimination
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It’s not often you get a Supreme Court decision in employment law, writes professor & barrister Ian Smith in this week’s NLJ

Smith, of Norwich Law School, UEA, dives into the issues of fire and rehire in the recent Tesco Stores v USDAW case, as well as three other recent cases for further exploration in his employment law brief.

Smith writes: ‘The judgment serves a useful function in approving the ‘PHI [permanent health insurance] cases’ (as we know and love them, holding that if extensive sickness cover is promised, the employer cannot later try to wriggle out of it) and confirming that the basic principle behind them can apply more generally.’

He also covers cases on the overlap between incapability and misconduct in unfair dismissal, where a charity worker threatened to punch someone in the head; restrictions on expression of religion or belief, where a teacher misgendered a pupil; and the question of whether a belief is worthy of respect, where an employee expressed the view that Muslims should be deported.

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 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
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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