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13 October 2023
Issue: 8044 / Categories: Legal News , Employment
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NLJ this week: Dismissed by mutual agreement, time limits, and how judges should write their employment tribunal judgments

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In this week’s NLJ, Ian Smith traces the latest trend in the employment tribunal as a common theme in three recent cases, covering termination by agreement, time limits and the form of judgments

Previously, the Employment Appeal Tribunal (EAT) tended to return decision-making to the tribunal. ‘In recent years,’ Smith writes in his latest employment law brief, ‘the pendulum has tended to swing at least part-way back and the modern EAT judiciary are more willing to try to help the ETs out, albeit sometimes prefaced with the mantra that this is only guidance.’

Smith covers a case where an employee’s contract was terminated by mutual agreement following unusually long sick leave. Whether this really was a mutual agreement was tested by the tribunal.

He covers a case where the parties struggled to establish the start-date for a time limit where the case concerned an omission to do something rather than a positive act. Thirdly, he highlights a case where the judge gave guidance on the writing of employment tribunal judgments and the approach the EAT should take to considering them on appeal. 

Issue: 8044 / Categories: Legal News , Employment
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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

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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