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Tag Archive

Our top 10 memorable cases

We’re in reflective mode in this, SCE’s 10th year in business, and in this blog, we’re looking back at 10 memorable cases – those where we have sometimes been tested but have overcome problems, learned lessons, strengthened relationships and delivered successful outcomes for our clients.  We have even laughed at times!  Guiding our clients to a successful outcome is a key part of what we do and gives us a great deal of job satisfaction. 

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Can The Cost Of An Employment Tribunal Damage Your Business?

If an employer is unsuccessful at an employment tribunal, the amount they must pay-out can be very large and have a significant impact on the business. The compensation paid to the claimant can run into millions of pounds and for a lot of cases there is no limit.

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3 Things We Learnt In Law This Week (11 April 2019)

Employee Found Storing ‘Obscene Material’ On Online Work Account Unfairly Dismissed

A Royal Mail employee who was allegedly found storing “obscene material” on his online work account has been awarded £53,142 for unfair dismissal and £9,360 in costs.

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3 Things We Learnt In Law This Week (21 February 2019)

Prison Officer Was Unfairly Dismissed After Revealing Sexuality

Forty-year-old Ben Plaistow was the victim of direct discrimination contrary to provisions of the Equality Act 2010, employment judge Michael Ord told the Cambridge Tribunal.

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What Does Dismissal For “Some Other Substantial Reason” Mean?

Under section 94 of the Employment Rights Act 1996, an employee has the right not to be unfairly dismissed. If an employer wants to dismiss an employee with the necessary length of service, the employer needs to be able to show that they had a good reason to take that action and that they did so in a fair manner.

If an employee started work with the employer after 6 April 2013, they need to have built up two years’ continuous service before they’re protected by the law. Those who started work before that date need to only have one year’s continuous service to achieve the same protection.

If an employee enjoys protection under the law, the employer needs to be wary when considering dismissal.

There are five potentially fair reasons for dismissing an employee:

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3 Things We Learnt In Law This Week (31 January 2019)

Employee Was Not Unfairly Dismissed Over Offensive Facebook Posts About Director

An employee’s “extremely derogatory” social media posts about his boss’s generosity in awarding a Christmas bonus did not justify the employer’s failure to give him notice pay when he was dismissed, the Manchester Employment Tribunal has ruled.

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Criminal Offences Committed Outside Work – What Should an Employer Do?

What position should an employer take regarding an employee who has committed a criminal offence outside of work? 

We are all aware that, when someone is charged with a criminal offence, they are innocent until proven guilty.  Any dismissal will be unfair unless it is for one of the statutory fair reasons and as employer you act reasonably in all the circumstances.  

If an employee is convicted of a criminal offence occurring outside work, a dismissal is only likely to be fair if that criminal offence has some material impact on the employee’s ability or suitability to do their job or affects their acceptability to other employees to a material extent.

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