Posts By: Schofield and Associates

Employers – Are You Treating Misconduct Cases Consistently?

Some forms of workplace misconduct may appear so serious as to obviously justify dismissal as a matter of common sense. However, as an instructive decision of the Employment Appeal Tribunal (EAT) showed, the need for even-handed fairness and consistency is a constant in every employment case, no matter how grave (Doy v Clays Limited). The… Read more »

Whistleblowing – Information or Allegation?

In Cavendish Munro Professional Risks Management Limited v Geduld, the Employment Appeal Tribunal (EAT) established the principle that, for the purposes of the whistleblowing provisions of the Employment Rights Act 1996, to qualify for protection a disclosure must be the giving of information as distinct from an allegation. In the recent case of Kilraine v… Read more »

Vicarious Liability

The Supreme Court has ruled in two cases that dealt with the vicarious liability of employers for incidents that took place at work. Employee’s Extreme Acts In the first case (Mohamud v Wm Morrison Supermarkets plc) the Supreme Court upheld a damages claim brought by Ahmed Mohamud, an innocent customer who suffered serious head injuries… Read more »

Acas Issues Guidance on Employment References

The Advisory, Conciliation and Arbitration Service (Acas) has issued guidance informing job applicants and employers of the legal requirements appertaining to employment references. Where a reference is provided, it must be accurate and fair. It must not include misleading or inaccurate information and should avoid giving subjective opinions or comments that are not supported by… Read more »

Unfair Dismissal – What is the Legal Effect of a Successful Internal Appeal?

If an employee is dismissed but that decision is subsequently overturned following an internal appeal, does the latter decision wipe out the effect of the former? The Court of Appeal tackled that issue in a guideline decision (Patel v Folkestone Nursing Home Ltd.). The case concerned a care home worker who was summarily dismissed for… Read more »

Central Arbitration Committee Can Hear Claims Against Acas

The EU Information and Consultation Directive 2002 established minimum requirements for companies with more than 50 employees for consulting and informing them on a wide variety of subjects. The Information and Consultation of Employees Regulations 2004 (ICER) implement the Directive in the UK. The ICER apply to public and private undertakings that carry out an… Read more »