Crawford & anor v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138 – Law Journals

Misconduct: Can employers dismiss for committing a criminal offence?

In light of the police fines issued to those who attended Downing Street events during lockdown, Sungjin Park examines how to deal with employees who break the law A misconduct dismissal will be considered unfair if the employer has not formed a genuine belief on reasonable grounds that the offence in question has been committed. …

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Misconduct Dismissals: Steering clear of trouble

In light of the controversy surrounding Jeremy Clarkson’s sacking, Glenn Hayes explains how to ensure a dismissal for misconduct is fair ‘Properly investigating allegations before deciding on whether to instigate a disciplinary procedure is one of the tenets of acting fairly.’It is difficult to write about Jeremy Clarkson’s removal from Top Gear in anything approaching …

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Case Report: Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512

Taking the strain; foreseeability in occupational stress claims ‘Occupational stress cases, whether founded on cumulative stress or on a one-off act of unfairness, remain extremely difficult to win.’ This case provides important confirmation of the difficulties in establishing liability for injury arising from occupational stress. Hitherto it was arguable that the high foreseeability hurdle erected …

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Regulatory Obligations: Dealing with the employment aspects of an investigation

During any investigation by the authorities, an employer may face a conflict between its duties to the regulator and to its employees, warn Stephen Ravenscroft and Helen Joseph ‘An employer needs to strike a balance between its obligation to co-operate with a regulatory investigation and an employee’s right to be treated fairly and reasonably.’ Employers …

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Misconduct: Suspension should not be automatic

The Court of Appeal has criticised employers for suspending employees as soon as a complaint is made, without considering whether this is really justified, write Andrew Granger and Chris Cooper ‘Once an allegation has been made, an employer is under a duty to think twice before suspending the employee concerned.’ A recent Court of Appeal …

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