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Tag Archive

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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3 Things We Learnt In Law This Week (27 December 2018)

Does an Employee Have a Right to a Statement of Employment Particulars When Employed for Less Than 2 Months?

Yes, if they have worked continuously for at least 1 month, held the EAT in Stefanko and others v Maritime Hotel Ltd.

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3 Things We Learnt In Law This Week (20 December 2018)

Olympic Cyclist Jess Varnish Claims Sex Discrimination Against UK Sport and British Cycling

Jess Varnish is suing UK Sport and British Cycling for unfair dismissal and sex discrimination in a case which could transform the entire funding landscape of Olympic and Paralympic sport.

Varnish, who cycled alongside Victoria Pendleton at London 2012, was dropped from the British Cycling programme before the Rio Olympics in 2016.

She alleged bullying and discrimination, specifically that then technical director Shane Sutton said her bottom was “too big” to ride certain roles on the team and that she should go off and “have a baby”.

Varnish will challenge the employment status of athletes who are supported by grants from UK Sport, the national funding body.

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