Can a disciplinary investigation that is considered “too thorough” render a dismissal unfair? In the case of NHS 24 v Pillar, the Employment Appeal Tribunal has held that including previous issues not treated as disciplinary offences at the time within a subsequent disciplinary investigation report does not, in itself, render a dismissal unfair.
What can employers learn from the recent spate of sexual harassment claims in the workplace? Hardly a day has gone by in recent weeks without a headline about sexual harassment, be it in Hollywood or Westminster. Recent research confirms that one in five women allege to have experienced some form of sexual harassment whilst at work.
The fairness of a dismissal depends on what the decision maker knew at the time of dismissal.
In the case of Royal Mail Ltd v Jhuti, the Court of Appeal has confirmed that an employee could not have been automatically unfairly dismissed for making a protected disclosure if the person dismissing the employee was not aware, or was ignorant, of such disclosures.
Uber drivers are ‘workers’ whilst Deliveroo riders are ‘self-employed’. The question of how we define employment status and the implications for tax and employment rights is one of the biggest issues in modern employment law.
The Chancellor of the Exchequer delivered his 2017 Autumn Budget speech to the House of Commons last week. We set out below the key points that will be of interest to employers and employees.
In the case of Baker v Abellio London Ltd, the EAT considered whether an employer could rely on illegality as the potentially fair reason for dismissal in a case concerning right to work documentation.
Can a ‘perfunctory and insensitive’ redundancy consultation render dismissal unfair? The EAT has held that it could do so in the recent case of Thomas v BNP Paribas Real Estate.
The taxi-app company, Uber, is synonymous with the modern phenomenon known as the ‘gig economy’. Uber’s business model sees them engage around 40,000 self-employed staff in the UK. That was, however, until Friday 28 October 2016, when the London Central Employment Tribunal found that it’s self-employed drivers are actually ‘workers’ in law.
The status of EU nationals in the UK remains far from certain following the outcome of the Referendum in June. For particular sectors, such as construction, retail and leisure, where there is a heavy reliance on EU labour, limiting the free movement of EU workers creates a huge problem. Despite the uncertainty there are some practical steps that can be taken now