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Insights

Keep up to date with all that’s happening here at BPE, and read about the latest trends and issues in the law profession.

Employment

If an agency employer fails to find work for an employee, could this be considered a dismissal?

In most cases, it is clear when a dismissal has taken place, as employers tend to communicate this quite clearly to their employees. However, what about a situation where an agency employer fails to find further work for an employee? In that situation, could the employee treat themselves as dismissed and bring a claim for unfair dismissal? A recent Employment Appeal Tribunal (“EAT”) case explored these questions.

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Construction & Engineering

Lack of interest pays off!

The inability to recover costs you pay to your own advisors during the course of an adjudication is one of the pitfalls of the process, particularly in lower value disputes. Many of you will have read encouraging noises in the construction press and online about costs recovery, prompted by a recent case amusingly titled Lulu Construction v Mulalley & Co Ltd [2016] EWHC 1852. I’ve read some of the same material, and I hate to break it to you, but let’s just say that some commentators have a vested interest in being ‘economical with the truth’.

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