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Jul
11
2019

Covertly recording a meeting can amount to misconduct

The claimant was a financial accountant for a charity called Phoenix House. She claimed that she was being improperly treated by her company during a large restructuring...

Nov
30
2018

Long-term disability dismissal frustrates entitlement to benefits

In Awan v ICTS Ltd the EAT found an implied term that where an employee is contractually entitled to long-term disability benefits, they will not be dismissed for continuing incapacity...

Nov
16
2018

Resignations - Clarifying the Termination Date is Key

The Court of Appeal recently confirmed that an ambiguous letter of acceptance of resignation from an employer did not vary the original termination date by agreement. JLT Speciality v Craven..

Jul
18
2018

Successful appeal erases dismissal

In the recent case of Patel v Folkstone Nursing Home Ltd, the Court of Appeal held that an employee had not been dismissed by his employer as his internal appeal..

Jul
05
2018

Right to work check: Failure to give right of appeal following dismissal, found to be unfair

As we have previously blogged, if an employee fails to produce evidence of his right to work in the UK, it will not necessarily be fair for an employer to..

Jul
05
2018

Qualifying period for Unfair Dismissal Claims

If an employee is dismissed for gross misconduct just short of 2 years service, s/he cannot add on statutory minimum notice so as to qualify to bring an unfair dismissal..

Jun
15
2018

‘Serious misconduct’ dismissals- Must there be prior warnings?

The recent EAT decision of Quintiles Commercial v Barongo held that even in the absence of any prior warnings, a dismissal for misconduct is not necessarily unfair where the conduct..

May
10
2018

Constructive Dismissal: Substantial pay reduction cannot amount to a ‘reasonable or proper’ cause

An employee can be unfairly dismissed if they resign as a result of an employer’s repudiatory breach, known as ‘constructive dismissal’. ..

Mar
29
2018

Constructive Dismissal: Final Straws Cannot Revive Previously Affirmed Breach

In Pets at Home Ltd v MacKenzie, the EAT held that if a breach of contract has been affirmed by an employee, a further breach by the employer cannot revive..

Mar
16
2018

Head teacher’s failure to disclose relationship was gross misconduct

This week (in Reilly v Sandwell Metropolitan Borough Council), the Supreme Court, has found that a head teacher's failure to disclose her relationship with a man who had been convicted..



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