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Posted on September 04, 2017

When Redundancy can become Unfair Dismissal

Posted in: redundancy

When Redundancy can become Unfair Dismissal. Employers often go wrong when they’re selecting people for redundancy. Here are just some examples of how the process can go awry:   Prejudging the outcome: The number one sin that many employers commit, is … Continue reading

8 April 2016: Checking the Right to Work in the UK: Employers should check their employee’s right to work in the UK, regardless of their apparent origin (see www.gov.uk/legal-right-to-work-in-the-uk). It is unlawful to employ someone who does not have the right … Continue reading

Posted on November 20, 2015

Unfair Dismissal for out of work activity

Posted in: employment

20 November 2015: Should employees be sacked for off-duty behaviour? As reported in the press, Clive O’Connell, a partner in a law firm, was sacked after referring to ‘scouse scum’ during an interview after a match between Chelsea and Liverpool. … Continue reading

16 October 2015: Procedurally unfair dismissals and reductions to awards: It’s often forgotten that even when a Claimant is unfairly dismissed,  compensatory awards can be reduced to reflect the chance that the claimant would have been dismissed anyway; even if … Continue reading

Posted on August 07, 2015

Dismissal for Facebook postings

Posted in: employment

7 August 2015: Dismissal for Facebook postings: If any employees think that they can say whatever they like on social media with impunity, they should think again.   In British Waterways Board v Smith [2015] reported this week, the EAT held … Continue reading

Posted on May 13, 2015

Dismissal and Discriminatory Colleagues

Posted in: discrimination

8 May 2015: Dismissal and Discriminatory Colleagues:   Last week the Court of Appeal held in CLFIS v Dr Mary Reynolds that it was not discriminatory to dismiss an employee after relying upon the reports of colleagues with discriminatory motivation.   … Continue reading

Posted on February 09, 2015

Gross Misconduct Dismissals

Posted in: disciplinary

9 February 2015: Gross Misconduct Employers can dismiss summarily for gross misconduct, but have to carry out a reasonable investigation and a fair procedure before doing so.   In the case Brito-Bapapulle v Ealing Hospital NHS Trust (Court of Appeal), … Continue reading

Posted on January 30, 2015

Dismissal Appeals. Informing the Employee

Posted in: employment

30 January 2015: Employers who dismiss an employee should give them the right to appeal that decision. Failure to do so may give rise to an unfair dismissal claim. What if the employer upholds the decision but fails to inform … Continue reading

Posted on November 28, 2014

Dismissal, stress, depression and personal injury

Posted in: employment

28 November 2014: Stress and a Person of Ordinary Robustness: Can suspension trigger a personal injury claim for depression caused as a result?   Generally no, said the Court of Appeal in Yapp v Foreign and Commonwealth Office 2014 which … Continue reading

Posted on January 10, 2014

Dismissals following Final Written Warnings

Posted in: employment

10 January 2014: Dismissal following final written warnings: What if you dismiss someone for misconduct before their appeal against their earlier final written warning is heard?   In Rooney v Dundee CC in the EAT Jan 2014, Ms Rooney was given … Continue reading

6 December 2013: Many employers are faced with the dilemma of how long to wait before taking steps to dismiss someone on long term sick leave.   Useful guidance has been given this week in the Scottish Court of Session in … Continue reading

4 October 2013: Under the s10 Employment Relations Act 1999 employees have the right to be accompanied by a colleague or trade union rep at disciplinary or grievance meetings. The companion can put forward the employee’s case, sum up the … Continue reading

Posted on September 06, 2013

Employee Shareholders and Unfair Dismissal

Posted in: employment

6 September 2013: On the 1st September 2013 it became possible for employers to take on staff using the new ‘Employer Shareholder’ status, which may be quite attractive to new tech companies.   In return for being given fully paid up shares … Continue reading

Posted on June 16, 2013

New Cap on Unfair Dismissal Awards

Posted in: law

15.04.2021: At present, in very general terms, a successful claimant in an unfair dismissal claim will get a basic award (the same as a statutory redundancy payment) plus a compensatory award for loss of earnings, pension etc. The compensatory award will … Continue reading

Posted on June 13, 2013

Holidays while off sick

Posted in: law

15 March 2013: You may have read about the fate of Paul Marshallsea in the press this week. Having wrestled with a shark to save two children while on holiday in Australia, he was sacked by the charity he worked for … Continue reading

17 May 2013 Most employers are aware that under the Employment Rights Act it can be fair to dismiss for redundancy, misconduct, and capability / absence. However the mop-up provision of dismissal for ‘Some Other Substantial Reason’ under s.98(1)(b) ERA  … Continue reading

7 June 2013: ‘Will no one Rid Me of this Turbulent Priest?’ Thomas Beckett may have got himself murdered in the Cathedral in 1170 after King Henry uttered the famous line quoted above, however for modern day employers, this solution is … Continue reading

Posted on December 07, 2012

Three strikes and you’re out? Dismissal after warnings

Posted in: law

This is an example of one of our archived weekly email bulletins on employment law. It should not be relied upon without specific legal advice. To subscribe to our free weekly bulletin service, click on the button on the left. … Continue reading

Posted on July 20, 2012

Dismissal and Breakdown of Trust

Posted in: employment

This is an example of one of our archived weekly email bulletins on employment law. It should not be relied upon without specific legal advice. To subscribe to our free weekly bulletin service, click on the button on the left. … Continue reading

16 February 2012: Qualifying Period for Unfair Dismissal Claims As you know the government have proposed to increase the qualifying length of employment required to claim unfair dismissal from one year to two years from the 6th April 2012.   Does … Continue reading

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