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Showing 40 results for Unfair dismissal
Should employers always look on the Brightside?
...dismissal, could succeed in his claim for wrongful constructive dismissal. He did not have two years’ service and so could not bring a claim for unfair dismissal. Facts Mr Rawlinson was ...
A change in the weather: TUPE and the weather presenters - as published in HR Magazine
...unfair dismissal or breach of contract. It could also mean that we won’t see them presenting the weather on the BBC any more (unless they reach an agreement for the BBC to employ them directly). The ...
How to handle retirement - as published in Education Today
...unfair dismissal claims and not discrimination claims. Likewise, “without prejudice” discussions are not the answer as they only work where there is already a dispute with the employee, which is unli...
Jingle all the way (to the Employment Tribunal)
...unfair dismissal. The Employment Tribunal found that because the events were sufficiently closely connected to work, his dismissal was fair.Vicarious liabilityEmployers can be held vicariously liable ...
Avoid £5k per day fines, auto-enrolment not a once and forever task
...unfair. We strongly recommend that employers ensure that their HR teams and managers are appropriately briefed on auto-enrolment rights and protections, so as to avoid fines from the Regulator,...
Brexit Bites - Part 6: What’s not changing?
...unfair dismissal, the National Minimum Wage and shared parental leave. But what about non-domestic employment laws? UK law stemming from EU law Many employment laws in the UK are in place as a resul...
You’re Fired! Five top tips on getting it right
...unfair dismissal (discrimination or whistleblowing, for example) will be admissible in a court or Tribunal. If in doubt, go for both options but be aware of the limitations. Tax doesn’t have to be ta...
The Apprentice Episode Two – Lawyer’s summary
...unfair dismissal. In this case at least, justice prevailed as Lord Sugar showed Kasim the pointy end of his finger. No one likes to work with a self promoting ego who doesn't know how to let others s...
Criminal offences outside work: what can employers do? - as published in HR Magazine
...dismissal will necessarily be unfair. This is because the employer is not held to an absolute standard of proof when making its decision to terminate; it is only required to act reasonably. An employ...
Thank you for your consideration - as published in Tolleys Employment Law Newsletter
...dismissal could give rise to an unfair dismissal claim. In addition, if large numbers are involved, collective redundancy consultation obligations could be triggered. This could also be self-defeati...
Stimpson Victory Could be “Pyrrhic”
...unfair dismissal against Citi he has “not necessarily cleared his name”, according to one employment law expert. Dan Begbie-Clench, partner at employment law firm Doyle Clayton Solicitors, says it...
Ensuring volunteers don't become employees - as Published in Charity Finance
...unfair dismissal. It is understood that his voluntary position came with a £55,000 honorarium. While we are not privy to the facts in Mr Allan’s matter, it does serve to illustrate the types of issue...
Big Brother is watching you: employees and TV appearances - as published in HR Magazine
...dismissal may be unfair. Is this all going too far? Should employers be interfering in their employees' personal choice to appear on TV? A careful balance should be struck. A blanket ban on staff app...
Suspicions of terrorist activity: An employer's guide - as published in HR Magazine
...unfair dismissal, as well as discrimination on grounds of race, religion or belief, employers considering disciplinary action need to have sound evidence of a potential risk, or reasonable evidence th...
Why whistleblowing is becoming the go-to claim - as published in economia
...unfair dismissal once they’d been employed for a year. The coalition government increased this to two years in April 2012. Employers welcomed the move, but the fact is that the increase may have lulle...
The end of Downton but not necessarily the end of an era?
...unfair dismissal and the right to a statutory redundancy payment, if made redundant. They are also entitled to 5.6 weeks’ paid holiday a year, daily and weekly rest breaks and rest periods. The majori...
Gutierrez and the risk of a red card for employers over disability discrimination
...dismissal for legal purposes. As a result, the employee will potentially have claims arising from the dismissal unless the employer can demonstrate a fair and non-discriminatory reason to justify its...
Dr Carneiro Blows the Final Whistle on Chelsea
...dismissal. But this should not be a problem if she made it clear that she was reserving her rights whilst she considered her position. Constructive Dismissal or Whistleblowing? Depending on her losse...
Jose Mourinho criticised for 'unjust' treatment of Chelsea team Doctor
...unfair/constructive unfair dismissal claim. Although only employees can claim unfair dismissal, a worker who is dismissed on whistleblowing grounds can claim financial compensation as well as injury t...
How should termination payments be taxed?
...unfair or wrongful dismissal; and compensatory payments made in cases of discrimination. It is not clear whether these two further exemptions would only apply where the payment is made to a former em...