Abuse of the Grievance Procedure

Employers sometimes become frustrated with employees who put in multiple grievances or grievances which appear to be an abuse of the grievance process. In Hope v British Medical Association in the Employment Appeal Tribunal, Mr Hope brought numerous grievances against … Continue reading

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Redundancy and the Right to Appeal

It is good practice for employers to give employees the right to appeal if they are made redundant. But will the redundancy be rendered unfair if the employer fails to give the right to appeal? Not necessarily, concluded the Court … Continue reading

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Dismissal following Final Written Warning

In Fallahi v TWI, the Employment Appeals Tribunal (EAT) concluded that it was fair to dismiss an employee following a Final Written Warning, even though he had challenged the basis on which that final warning had been imposed. Mr Fallahi … Continue reading

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Max compensation: Unfair Dismissal

What is the maximum compensatory award for unfair dismissal? The maximum compensatory award for unfair dismissal is the lesser of 52 weeks gross pay or £89,493 (£88,519 if dismissed before 06.04.2021) You will also get a basic award of a … Continue reading

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Redundancy and Retirement Age

Redundancy and the Over Sixty-Fives The default retirement age of 65 was abolished in the UK in 2011. Employers can only impose a compulsory retirement age on employees if it can be objectively justified as a genuine occupational requirement.  Compulsory … Continue reading

Brexit & Employment Law

24 June 2016: Britain Votes to Leave:   In a 1974 judgement Lord Denning wrote of the (then) European Community Treaty “The treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be … Continue reading

Vicarious Liability

4 March 2016: Vicarious Liability: Last week we asked whether the BBC could be vicariously liable for Jeremy Clarkson punching and abusing his producer.   The Supreme Court has considered vicarious liability in employment this week in Mohamud v WM Morrison Supermarkets … Continue reading

Holiday Pay for Part Time employees

13 November 2015: Holiday Pay and Part-Timers In Greenfield v The Care Bureau Ltd reported this week the European Court of Justice considered whether employers have to recalculate a part-time workers holiday leave entitlement retrospectively if she increases her hours. … Continue reading

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Working Time and Sleep

9 October 2015: Working Time and Sleep Earlier this year we wrote about whether the Working Time Regulations and National Minimum Wage covered time spent travelling to work. Another issue is whether an on-call night worker can claim the NMW for … Continue reading