dismissal – Law Journals

Legal news: Employment update

Jo Broadbent rounds up developments affecting employers and their advisers The government confirmed that it would support two private members’ bills. The first introduces a new right to neonatal care leave and pay; the other seeks to ensure that tips are distributed fairly to workers. Industrial action changes in force Two relatively small changes to …

Continue reading "Legal news: Employment update"

This post is only available to members.

Constructive dismissal: Resignations and the ‘last straw’ doctrine

Mark Stevens reviews a recent EAT case in which a series of errors by an employer amounted to a fundamental breach of contract The tribunal should have considered whether, from Mr Craig’s perspective, the failure to pay was part of a pattern of mistreatment. To bring a successful claim for constructive dismissal, an employee must …

Continue reading "Constructive dismissal: Resignations and the ‘last straw’ doctrine"

This post is only available to members.

Fire and rehire: P&O Ferries affair prompts promise of a code of practice

Richard Kenyon comments on the government’s proposals for a new statutory code of practice to clamp down on employers who force through mass dismissals without carrying out meaningful staff consultation The P&O case has been seized on as an extreme example of the concept of ‘fire and rehire’. St Patrick’s Day 2022 began like any …

Continue reading "Fire and rehire: P&O Ferries affair prompts promise of a code of practice"

This post is only available to members.

Dismissal: Settlement agreements – what can the P&O scandal tell us?

Joseph Lappin reviews how to use confidential settlement agreements correctly after accusations that P&O ‘blackmailed’ staff into signing away their employment rights Settlement agreements should never be used to prevent proper disclosure about the agreement or the circumstances surrounding the agreement to professional advisers, who are bound by a duty of confidentiality. In March this …

Continue reading "Dismissal: Settlement agreements – what can the P&O scandal tell us?"

This post is only available to members.

Legal news: Employment update

Lesley Finlayson rounds up the latest developments affecting employers and their advisers Employers should only discuss retirement plans with employees when they have a clear and proportionate legitimate aim such as succession planning. Enquiring about retirement plans alongside grievance management was discriminatory In Tapping v Ministry of Defence [2021], a civil servant has won an …

Continue reading "Legal news: Employment update"

This post is only available to members.

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 …

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

This post is only available to members.

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 …

Continue reading "Furlough scheme: Recent cases highlight importance of considering alternatives to redundancy"

This post is only available to members.

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 …

Continue reading "Contract variations: Can you pay staff less for working remotely?"

This post is only available to members.

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 …

Continue reading "Contract variations: ‘Fire and rehire’ – not such an easy option"

This post is only available to members.

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 …

Continue reading "Dismissal: A step-by-step guide for removing senior executives"

This post is only available to members.