Wrongful Dismissal

The articles featured on hrlaw.co.uk were correct at the time of publication and should not be relied on or treated as a substitute for legal advice relevant to particular circumstances. Please contact us if you require legal assistance on any employment issues.

Employment Appeal Tribunal ("EAT") says post-employment victimisation is not unlawful

In a judgment handed down on 5 March 2013, the EAT held in the case of Rowstock Ltd v Jessemey that the Equality Act 2010 (“EqA”) does not provide protection against post-employment victimisation. The judgment surprised many practitioners who had...

Past criminal offences - forgiven but not forgotten?

Dear Auntie We have recently undertaken Disclosure and Barring Service checks (previously Criminal Records Bureau checks) against all members of staff working on a project for one of our biggest clients, SuperClient.  They recently added a new...

Top Tips for Handling Dismissal-Dodgers

Picture the scene: an employee is invited to a disciplinary meeting but the very next day you receive a note from his GP signing him off for a month with stress. Sounds familiar? Another common predicament is that of the elusive companion or the trade union...

Seldon v Clarkson Wright and Jakes - Law Society Gazette Article

This article first appeared in the Law Society Gazette    Since the introduction of age discrimination legislation in 2006, firms and LLPs have been scared their formerly uncontentious retirement provisions will become an unwelcome source of...

Top tips on steps to take when greeted by an employment tribunal claim

Tribunal Services’ statistics for 2010/2011 show that employment tribunal claims were up 77% on the figures for 2008/2009. Its clear from these figures that employees are far more willing to bring claims, which in turn, means that you are now far more...

Progressive medical conditions

The Equality Act 2010 (the “Act”) prohibits discrimination in employment in respect of a number of ‘protected characteristics’ including disability. Before an employee can complain that they have suffered discrimination because of...

Withholding information in dismissal procedures

Dear Auntie I have read a case recently in which the Court decided that only the information known by the person dismissing the employee is relevant to whether the reason for dismissal was fair or not. Does that mean that we can withhold relevant...

Employment Tribunal Changes - What's Happening?

The proposed changes to the Employment Tribunal system are proving controversial.  David Murphy gives you the low-down on some of the key changes being considered - and hrlaw’s opinion on them. 1.    Extending the qualifying...

When can an 'Off the Record' chat prejudice your position?

 Employers often want an “off the record” chat with employees to see if they can persuade an employee to leave quickly and amicably under a compromise agreement. Such chats are seen as being more friendly than going through a formal process...

Auntie advises on disciplinary procedures, overlapping grievances and problems with contractual policies

Dear Auntie I am an HR Manager for a medium size company and I have just come back from holiday to a stack of disciplinary matters. Can you help me with a couple of matters which are causing me a real headache:- 1. A male employee has complained...

Employment Tribunals: Are they struggling to cope?

Those of us that regularly use the Employment Tribunal system will be well aware of the more frustrating aspects of its service. From spending hours sitting in airless waiting rooms to having hearings postponed on the day even though your witnesses have...

Witness Statements: key considerations and how to get started

Key considerations The difference between good and bad witness statements can be the difference between winning and losing a case. The preparation for witness statements should start right at the outset of a case as availability and choice of witnesses...

The High Court decision in Geys v Societe Generale takes employers back to basics

Last month, Fox Williams secured a win for Mr Geys in his employment claim against Société Générale (SocGen).  The High Court decision addressed a number of issues commonly faced by employers with regards to giving notice to...

Top Tips for Dealing with Employment Tribunal Disclosure

These top tips follow on from the guidance in this month’s Aunty Advice which details the nature of an employer’s obligation to disclose relevant documents as part of the employment tribunal litigation process. Top tips for dealing with...

Auntie Advises on Employment Tribunal Disclosure Obligations

Dear Auntie, We have just returned from a Case Management Discussion and the Employment Tribunal has ordered that disclosure be carried out over the next month.  We have a number of internal documents about the litigation which we would rather not...

Disciplinary hearings - a trial for all involved?

Can your lawyer attend your disciplinary hearing? The Court of Appeal recently handed down its decision regarding whether a teacher accused of gross misconduct should have been entitled to legal representation at the disciplinary hearing under Article 6 of...

Dismissing an employee on long term sick leave

Dear Auntie At my organisation there is a member of staff (Tim) who has been off work with a bad back for 3 months. My MD wants to dismiss him but, as HR manager, I am worried about doing this. Please could you give me some guidance as to the issues...

Top tips on preparing to defend an employment tribunal claim

According to Tribunal Services' statistics for 2008/2009, claims for unfair dismissal, breach of contract, redundancy pay and failure to inform and consult in redundancy were all up on the previous years’ figures.  In total, 151,000 claims...

Do I need polished procedures if my employee doesn't come up to scratch?

Dear hrlaw auntie, I am an owner of a small business and only have about 10 employees working in the office. Unfortunately, one of these employees (who has been employed in my business for over a year) has been underperforming recently: he is getting in...

Know your limitations - Employees may now have more time in which to bring a claim...

As readers will be aware, the statutory disciplinary and grievance procedures came into force on 1 October 2004 in accordance with the Employment Act (Dispute Resolution) Regulations 2004 (“the Regulations”). Much has been made in the press of...