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Termination and dismissal: Law Society intervention does not necessarily terminate employment contracts

This report relates to 1 case(s)

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    Barnes and others v Leavesley and others [2001] ICR 38 EAT (0 other reports)

Intervention in a firm of solicitors by the Law Society in order to protect the firm's clients may have the effect of terminating employees' contracts of employment by operation of law where the intervention results in the firm closing down, holds the EAT in Barnes and another t/a Barnes Thomas & Co v (1) Leavesley & others (2) Taylors Solicitors 13.7.00 EAT 642/99. However, where, in the exercise of its wide discretion, the Law Society allows the partners in the firm an opportunity to dispose of their practice as a going concern and they do so without dismissing the employees, then the intervention will not of itself operate to terminate the employees' contracts.