Misconduct: Can employers dismiss for committing a criminal offence?

Keystone Law | Employment Law Journal | May 2022 #230
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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Disciplinary procedures: Suspension must merely be reasonable, not necessary, rules Court of Appeal

Linklaters LLP | Employment Law Journal | April 2019 #199
A recent decision has made it harder for suspended employees to claim that their employer has undermined the employment relationship, explains Rachel Morgan ‘While a suspension does not have to be necessary, taking the decision to suspend an employee is nevertheless a significant step.’ The Court of Appeal has held in Mayor and Burgesses of …

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Occupational Stress: Two of a kind

Rushmi Sethi | Personal Injury Law Journal | February 2017 #152
Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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

12 King’s Bench Walk (Chambers of Paul Russell QC) | Personal Injury Law Journal | December 2014/January 2015 #131
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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