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Unusual Dismissals - A "how to" guide for Aspiring HR Advisers
...employment law aspects of unfair dismissal. With examples of their own experiences and case law, Hannah Mathews (Associate) and James Morrison (Associate) answer questions which focus on termination ...
Covid-19 workplace guidance offers a layer of protection for employers
...Employment tribunal rules dismissal fair The employment tribunal dismissed his claim, ruling that Mr Rodgers had not shown that he reasonably believed there was a serious and imminent danger within ...
Avoid £5k per day fines, auto-enrolment not a once and forever task
...employment. However, if your organisation employs non-regular categories of staff, such as self-employed or agency workers, each of these should be looked at individually to determine whether they hav...
Windrush generation – incorporated into new Right to Work guidance
...employment and then a further two years or until they have been inspected by a Home Office official, whichever is sooner. If an employer does this, they will have established a “statutory defence”. T...
Hannah Mathews
...employment lawyer based in our City office. She joined Doyle Clayton in 2018, having qualified into the Employment team at Herbert Smith Freehills. Hannah’s work for employers includes advising an in...
Employer could rely on poor disciplinary history to dismiss, even though disciplinary warnings for previous misconduct had expired
...employment tribunal found that he had been dismissed because of his disciplinary history and the belief that this would not change. The employer had been entitled to have regard to Mr Stratford’s di...
Dismissals for failing to provide right to work documentation: illegality or SOSR?
...employment would be illegal. It therefore dismissed him. He claimed unfair dismissal. The employment tribunal considered that Abellio had dismissed for illegality, a fair reason for...
Suspicions of terrorist activity: An employer's guide - as published in HR Magazine
...employment relationship – it will usually be preferable for an employer to report the employee’s activities and at the same time take their own disciplinary or dismissal action if justified, rather th...
It’s just a joke: employer not vicariously liable for employee’s practical joke
...employment. To establish this, there must be a sufficiently close connection between the act which caused the injury and the perpetrator’s work to make it fair, just and reasonable to impose vicarious...
Worker or self-employed? What's the difference?
...employment tribunal claims, arguing that he was a worker. The employment tribunal had to determine whether he was obliged to do the work ‘personally’, despite being able to release a slot to ano...
Resigning Employee Held to Contract Without Pay
...employment contract. As he did not return to work following his purported resignation, he was not entitled to be paid as he was not ready and willing to work. In Sunrise Brokers LLP v Rodgers, R’s c...
Duty to Make Reasonable Adjustments Did Not Require Employer to Ignore Final Written Warning for Absence
...employment tribunal upheld his claims, finding that it would have been a reasonable adjustment for the employer to ignore the final written warning. Having disregarded the two short periods of disabi...
Employer not fixed with knowledge of employee’s disability
...employment tribunal decided that this was not a case where the employer ought reasonably to have known that she was disabled. The Employment Appeal Tribunal rejected her appeal and s...
Redundancy consultation: the importance of consulting early
...employment. When that failed, her employment was terminated by reason of redundancy. Ms Mogane claimed unfair dismissal. The employment tribunal dismissed her claim and ruled she had been fairl...
Record-breaking £4.5 Million Discrimination Award
Record-breaking £4.5 Million Discrimination Award The Leeds Employment Tribunal has awarded record-breaking compensation of 4.5 million pounds to Dr Eva Michalak following a campaign of sex and race d...
Brexit Bites: what does the future hold for the workplace?
...employment law and reassured the country that there is no intention to pare back existing employment rights. But employment law does not seem to be top of anyone’s list of priorities at the moment. ...
Government Launches Inquiry into Future of the World of Work
...employment law? 2. For those casual and agency workers working in the 'gig economy', is the balance of benefits between worker and employer appropriate? 3. What specific provision should there be for...
Updates to guidance on Working Safely during Coronavirus
Updates to guidance on Working Safely during Coronavirus The Government continues to regularly update its guidance on Working Safely during coronavirus. Recent updates: Add new guidance ...
Employer Not Entitled to Award Lower of Two Pay Increases
Employer Not Entitled to Award Lower of Two Pay Increases An employer which agreed two options for a pay increase with a union was not entitled to award the lower of the two. In Anderson v London Fire...
Reasonable Adjustments Duty Only Applies Where Employee Himself is Disabled
...Employment Appeal Tribunal upheld the Employment Tribunal’s decision that the duty to make reasonable adjustments did not apply. It only applied if H herself was disabled. It does not apply where a...