New Code of Practice – Dismissal and Re-engagement
A new statutory code on dismissal and re-engagement has come into force across England, Scotland, and Wales this month. This code imposes set procedures for when an employer dismisses and rehires a worker, a practice commonly known as ‘fire and re-hire’. The Code stipulates that dismissal and re-engagement should be a last resort after a […]
What is constructive unfair dismissal?
Constructive unfair dismissal is when an employee is forced to leave their job against their will. Constructive unfair dismissal can be a result of an employer’s conduct such as a sudden demotion, pay reduction or job role change which leaves the employee feeling that they have no other option, but to resign. The Employment Rights […]
What is Constructive Unfair Dismissal?
Constructive unfair dismissal is when an employee is forced to leave their job against their will. Constructive unfair dismissal can be a result of an employer’s conduct such as a sudden demotion, pay reduction or job role change which leaves the employee feeling that they have no other option, but to resign. The Employment Rights Act […]
5 Key considerations when ending employment
Employee retention must be a key focus for any business as the UK continues to struggle with a labour and skills shortage. Unfortunately, there will always be some attrition occurring, whether this be forced or voluntary. In our recent SME Survey, we asked SME Business owners, what the top three most important aspect of people […]
Dismissal and Re-Engagement Code of Practice
The Department for Business, Energy and Industrial Strategy (BEIS) has published new best practice guidance on the practice of dismissal and reengagement. A consultation period has opened for a period of 12 weeks, in which it seeks views from employers, professional bodies and unions on the proposals set out within “Draft Code of Practice on […]
Gender Recognition Reform Bill
In December, the Scottish Parliament passed the Gender Recognition Reform (Scotland) Bill for implementation within Scotland, however the UK Government has since blocked it from becoming legislation by making an order prohibiting it from being given Royal Assent. The UK Government believes that if it was to go ahead, then there would be implications on […]
What did P&O get wrong?
In this month’s hot topic, we examine the actions of P&O Ferries which led to public outcry at the time and consider what they should have done instead in line with UK employment law. P&O Ferries became a case study on how not to manage redundancy dismissals, following the way in which they dismissed 786 […]
Can calling someone bald amount to harassment?
What is the case about? In the case of Mr A Finn v The British Bung Manufacturing Company Ltd, the employment tribunal considered whether a bald man was subjected to sex related harassment in the workplace by his line manager or whether the name calling was an insult which did not meet the threshold of […]
What makes a dismissal fair?
In this article we discuss what makes a fair dismissal. We look at the 5 potentially fair reasons for dismissal, the importance of policies and procedures, consistent treatment, and what is meant by the phrase “band of reasonable responses”. The legal test The Employment Rights Act 1996, section 98 (4) (ERA) sets out the statutory […]
P&O Ferries pay more than £36 million in compensation
The mass scale dismissals carried out by P&O Ferries have led to a huge reaction from members of the public, trade unions as well as the Government. The company made a shock announcement to all 786 employees towards the end of March, in which they confirmed that their employment would end with immediate effect. The […]
Case Law Update: Collective Redundancy Consultation
Deciding the Threshold for When Collective Consultation is Triggered This case law update provides a digestible account of a recent Employment Tribunal outcome. We take a look at the background details on the case, the rationale behind the judgements and takeaway learning points. Case UQ v Marclean Technologies SLU looks at when the threshold exists for when […]
Interesting Employment Tribunal Cases: Witness Statements and Marital Status Discrimination
This case law update article provides a digestible account of recent Employment Tribunal outcomes; where you get the background details on the case, the rationale behind the judgements and takeaway learning points. Tai Tarian v Christie: Was it outside the range of reasonable responses to dismiss someone in reliance on the evidence of an anonymous […]
Interesting Employment Tribunal Cases: Dismissal and Redundancy
This case law update article provides a digestible account of recent Employment Tribunal outcomes; where you get the background details on the case, the rationale behind the judgements and takeaway learning points. An Exceptional Fair Dismissal M Gallacher vs Abellio Scotrail Ltd A fair dismissal requires a proper procedure to be followed, and the decision […]
Protected conversation and ‘without prejudice’ conversation, what’s the difference?
Within HR a ‘protected conversation’ is not the same as a ‘without prejudice’ conversation. However, both of these types of conversations allow employers to enter into off-the record conversations with a view to agreeing an exit with the employee. So, what is the difference between a protected conversation and a ‘without prejudice’ conversation? A protected […]
Is Dismissal for Persistent Lateness Fair?
Can you dismiss an employee for persistent lateness? You can as long as you show that you followed procedure, ruled the Employment Tribunal. The case of Ghartey v Royal Museums Greenwich recently asked the Employment Tribunal to resolve this question after Mr Ghartey, a former visitor assistant at the museum, was dismissed from his role […]
End of the Road for Jeremy Clarkson and the BBC?
How would you manage an employee like the outspoken Top Gear presenter? UPDATED 25/03/2015 The Daily Telegraph last night reported that Jeremy Clarkson is going to be sacked by the BBC following an internal investigation into an alleged incident earlier this month. If the purported facts of the incident are true then the BBC would […]