Further Guidance on Dismissal in an Employees Absence - 27/Aug/2010
In Bashir and Anor v Sheffield Teaching Hospital NHS Foundation Trust the Employment Appeals Tribunal ("EAT") has provided further guidance on the kind of behaviour which will be considered to justify holding a grievance or disciplinary hearing in the absence of the Claimant. Read more …
Top 10 Tips to Avoid the Bribery Trap - 12/Aug/2010
New bribery legislation has recently been passed, which could have implications for a considerable number of businesses. The Bribery Act will penalise companies whose employees engage in bribery if the company does not have appropriate policies in place to prevent it. The penalties are severe including fines and imprisonment. Read more …
The benefit of contracting out of disciplinary procedures - 11/Aug/2010
The recent Court of Appeal case of Edwards v Chesterfield Royal Hospital NHS Foundation Trust illustrates the difficulties that can arise with contractual disciplinary procedures. Read more …
Stigma Damages and Loss of Reputation - 11/Aug/2010
For many employees reputation is their most valuable asset and it can be irrevocably damaged by being unfairly dismissed. Read more …
Rise in Employment Tribunal claims for 2009/10 - 11/Aug/2010
The Tribunal service has recently published statistics showing a 56% increase in claims during the 2009/10 financial year. In the previous year there were a total of 151,000 claims. This has increased to 236,100. Read more …
Maternity Suspension and Alternative Work - 11/Aug/2010
The European Court of Justice has recently handed down two decisions in cases dealing with women whose working conditions were altered and temporarily suspended for reasons connected with health and safety during pregnancy. Read more …
Important considerations for dealing with an employee's ill health - 11/Aug/2010
Pre-offer health questions The coalition government has now confirmed that it intends to implement the Equality Act 2010 (the "Act") in October as planned. The Act makes it unlawful for employers to ask potential candidates pre-offer health questions. This is to prevent employers from rejecting applications based on health issues but using qualifications, skills and experience as a cover. Read more …
Employers may not be able to retract dismissals - even if they want to - 10/Aug/2010
It is possible that a dismissal may not be retracted even if it was in error. In the recent case of Willoughby v CF Capital Plc The Employment Appeals Tribunal (the "EAT") held that unambiguous words leading to dismissal mean what they say. Read more …
Developing Case Law - Disciplinary and Grievance Procedures - 15/Jul/2010
Obtaining evidence The case of Salford NHS Trust v Roldan now provides some guidance as to the level of investigation required at the early stage of disciplinary proceedings. It was held that where evidence provided by a witness raises unanswered questions, is inconsistent or conflicts with the views of others then this should be followed up. Read more …
Cutting corners costs more in the long run - 13/Jul/2010
During May 2010 the Health and Safety Executive levied a number of fines on employers for failing to comply with the Health and Safety at Work etc Act 1974. It is easy to become complacent about health and safety at work; however, this may lead to injury to your employees and result in costs to the business. Read more …
