Dismissal: To appeal or not to appeal, that is the question

In light of two recent cases, Christopher Fisher and Katherine Fox consider whether there are situations in which employers do not need to offer employees the opportunity to appeal against their dismissal A failure to offer or carry out an appeal is not fatal to the fairness of a redundancy or SOSR dismissal, but it …
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Furlough scheme: Recent cases highlight importance of considering alternatives to redundancy

Sarah Evans examines two decisions on whether it was fair to make employees redundant instead of furloughing them and the wider lessons for employers making redundancies as the CJRS closes The distinguishing feature of these two cases, and a clear reminder to employers, is that a failure to consider an alternative to redundancy, whatever that …
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Contract variations: Can you pay staff less for working remotely?

David Jepps explores whether UK employers can cut the pay of employees who continue to work from home A pay cut is treated as a deduction and if employers unilaterally reduce pay, employees can make unlawful deductions claims to an employment tribunal. As Covid-19 restrictions continue to be reduced and the effects of the pandemic …
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Contract variations: ‘Fire and rehire’ – not such an easy option

In light of a recent tribunal decision and an Acas report on the subject, Christopher Fisher and Alex Sperling consider how to minimise the legal risks when carrying out dismissal and re-engagement processes For now at least, the fire and rehire process remains available to employers but, while it is undoubtedly a well-trodden path, it …
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Dismissal: A step-by-step guide for removing senior executives

Innes Clark outlines how to avoid the pitfalls associated with senior executive terminations While the statutory fairness of a dismissal is often of secondary consideration when terminating a senior executive’s employment, the reason for the dismissal will inform key aspects of the process. The dismissal of a senior executive may be both time and commercially …
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