Employment Law

Index items here on employment legislation, employment-related topics and case law that is not covered by any of the sub-categories OR within Employee Relations or Diversity and Equality or Health, Safety and Well-being and any of their sub-categories.

Posts

    Former Baby P care chief ‘in line for £600,000 payout’

    Reported compensation deal criticised as reward for failure The social services chief who was unfairly dismissed over the Baby P care scandal is reported to be in line for a payout of up to £600,000. Sharon Shoesmith...

    Unfair dismissal rights for employee shareholders if companies get it wrong

    Government guidance indicates some of the complexities involved in setting up the new arrangements Organisations can now engage employee shareholders. These employees give up some of their employment rights in return for...

    Is it really too hard to sack staff?

    Conservative chairman’s comments on dismissal divide employment law experts Controversial comments from Conservative Party chairman Grant Shapps – who claimed managers have to resort to “disingenuous”...

    Dismissal for misconduct

    An employee on sick leave for stress was sacked following reports of his heroic shark-wrestling in Australia A recent headline-making story highlights concerns faced by many employers about employees on long-term sick...

    Keeping the customer happy

    Employers have to mitigate the effects of a client asking for a staff member to be removed, case law confirms In Bancroft v Interserve (Facilities Management) Ltd , the EAT had to decide whether an employer had taken...

    Reasonable responses

    Tribunals assessing fairness cannot decide what amounts to gross misconduct justifying dismissal In the case Tayeh v Barchester Healthcare Ltd , an employment tribunal fell into the error of applying its own view...

    NHS and the ‘some other substantial reason’ argument

    The health service employer has successfully used the catch-all dismissal defence when terminating employees and re-engaging them on inferior terms In Sandford and Parkin v Newcastle Upon Tyne Hospitals NHS Foundation...

    Government department sacks staff over social media abuse

    More than 100 workers disciplined for using Twitter and Facebook Eleven civil servants at the Department for Work and Pensions (DWP) have been sacked for misusing Twitter or Facebook. Figures revealed in a report...

    Unreasonable directions

    A tribunal’s decision in Santos v Disotto Foods Ltd (ET/3301248/11) shows how an ambiguous management instruction and a failure to take an employee’s working conditions into account can lead to a compensation...

    A warning to employers

    In Wincanton Group plc v Stone and another (UKEAT/0011/12) the EAT issued some valuable guidance on how previous warnings should be taken into account when assessing whether a decision to dismiss is fair. Facts Stone was...