Newsletters

Unfair Dismissal - Some Other Substantial Reason Trust And Confidence

Claims for unfair dismissal can sometimes be defended on the basis that the dismissal is fair for “some other substantial reason” i.e. other than the statutory “fair reasons” such as redundancy. One reason often put forward is a...

Dismissal At The Request Of A Third Party

The Employment Appeal Tribunal (“EAT”) in  Bancroft v  Bancrift v Interserve (Facilities Management) Limited [2012] UKEAT 0329_12_1312 (13.12.2012) held that it was not  reasonable to dismiss an employee at the request of a...

Re-hearing Of Internal Disciplinary Proceedings

Where an employer has already dealt with a disciplinary matter and issued a sanction, can those disciplinary proceedings be re-opened and a different sanction imposed? In the case of  Christou v London Borough of Haringey [2013] WLR(D) 97 the...

Serious Misconduct Must Be Thoroughly Investigated

Where an employee is facing very serious allegations of misconduct, such as criminal conduct, then the employer must carry out a particularly thorough and careful investigation in order to dismiss fairly An employer who chooses to ignore evidence or...

Major Employment Law Reforms - New Timetable Announced

The Department for Business Innovation and Skills has announced a new implementation timetable for the major employment law reforms, many of which had originally been intended to come into force in April 2013.  The new proposed timetable for...

Restrictive Convenants - Keep Them Reasonable And Under Review

Restrictive covenants allow employers to protect their trade secrets and deter employees from participating in any competing activity. However, to be enforceable post termination of employment the restrictive covenant will be unenforceable as a restraint of...

Can An Honest Mistake By An Employer Allow An Employee To Claim Constructive Dismissal?

In the case of  Roberts v Whitecross School [2012] UKEAT 0070_12_1906  the Employment Appeal Tribunal (“EAT”) held that although the employer’s mistake was an honest one, there was a settled intention to reduce pay, which...

Job Related Health Questions

The basic position is that with some exceptions, it is inappropriate for an Employer to ask a job applicant any health related questions before offering work (which includes e.g. contract work or a partnership) to the job seeker or putting that person...

Grossly Exaggerated Claims - Can The Court Strike Out For Abuse Of Process?

Rule 3.4 of the Civil Procedure Rules  (“CPR”) enables the court to strike out the whole or part of a statement of case which discloses no reasonable grounds for bringing or defending a claim (CPR 3.4(2)(a) ), or which is an abuse of the...

Au Pairs & Migrant Domestic Workers - Minimum Wage entitlement

Is an au pair entitled to the national minimum wage if certain tasks are not shared with the family? No, says the Court of Appeal in conjoined appeals concerning the application of the Minimum Wage Regulations 1999 (“NMW”)to domestic...
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