Misconduct Dismissals: Lessons from three recent cases

Rebecca McGuirk and Anna Scott outline how to carry out a fair dismissal in light of recent case law ‘A failure to follow the designated procedure is one of the most common reasons why employers lose unfair dismissal claims, even where the dismissal should be justifiable.’ Employers dealing with misconduct should always tread with caution. …
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Legal News: Employment update

Jo Broadbent rounds up recent case law and developments affecting employers and their advisers ‘Where grave allegations have been made that have potentially very serious consequences for an employee who has been employed for a long time without any question about their character, the employer must take that into account in examining what has occurred.’ …
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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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