Gross Misconduct – A Forbidden Act May Not Be Enough to Justify Dismissal
Daughter Cleared of Wilfully Neglecting Elderly Mother in Guideline Case
Uber To Take Drivers’ Rights Test Case to the Supreme Court
Family of Teenager Who Died in Police Hot Pursuit Wins Damages
Vicarious Liability – Impromptu Post Christmas Party Gathering
Employers can be found vicariously liable for the actions of their staff when these occur in the course of their employment, which can include during an office function, but what is the position when one employee suffers injury at the hands of another at an impromptu get-together some hours after a planned works event has… Read more »
The Rules on Time Limits for Employment Tribunal Claims
An employee wishing to bring an unfair dismissal claim must do so within three months of their effective date of termination. Time limits for presenting claims to the Employment Tribunal (ET) are normally strictly enforced. If the deadline is missed, Section 111(2) of the Employment Rights Act 1996 (ERA) states that the claim will only… Read more »
Staff Christmas Parties – Don’t Take Unnecessary Risks!
A Christmas party is a chance for staff to relax and enjoy each other’s company. It’s also a wonderful opportunity for employees to celebrate their achievements over the last year and for you to thank them for all their hard work. However, it’s important to take care to ensure they don’t expose your business to… Read more »
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 »