Weekly issue 10

News in brief

Following a wide-ranging review of the statutory disputes procedures introduced in 2004, the Department of Trade and Industry (DTI) has announced a consultation. It says it wants “to review the way employment disputes are resolved, while preserving existing employees' rights”.

Loosely worded

Yet another case on the employer’s “get-out” clause under the statutory dispute procedures. This time the Employment Appeal Tribunal (EAT) said in Loosley v Social Action for Health that the redundancy was fair even though the employer did not follow a fair procedure, because the employee would have been dismissed anyway.

Fighting fire .. with the law

Although courts can sometimes imply contract terms, the Court of Appeal said in Nottinghamshire and City of Nottingham Fire and Rescue Authority and Lincolnshire County Council v FBU and ors that they would not imply a term that fundamentally changed the nature of the contract.