Can you dismiss for gross misconduct for something an employee didn’t do?
It is of course very well-established law that if an employee does something which amounts to gross misconduct, this entitles their employer to terminate their employment without notice (summary dismissal). But what if the problem has arisen from the fact that the employee has done nothing, i.e. a negligent failure to act? Can an... read more »
Work-related stress: a reaction to adverse circumstances or a disability?
As we have covered previously, an employee needs to fall within the definition of disability under the Equality Act 2010, in order to have protection against disability discrimination. In the recent case of Herry v Dudley Metropolitan Council, the Employment Appeal Tribunal considered whether work-related stress may amount to a disability. Mr Herry was... read more »
Constructive dismissal - why did he leave his post?
In order to succeed in a claim for unfair constructive dismissal, the employee has to show two things: first, a fundamental breach of contract by his employer; and second that he resigned because of that breach. The normal defence from an employer is that there was no fundamental breach, and there is a... read more »
Changing gear? - CitySprint bike courier is a worker, not a self-employed contractor
The ‘gig economy’ (where people are engaged and paid by companies on a job-by-job basis) continues to generate headlines and give rise to cases in the Employment Tribunals. Hot on the wheels of the Uber case (which we reported on here) comes another employment status case this month. The case, Dewhurst... read more »
Evening Workshop - Hot Topics for 2017 - 16 February
We are delighted to invite you to join us for our next series of workshops where we will be covering the hottest employment law topics for 2017. As usual, we will be using a round table format, giving you lots of opportunity for discussion and questions. The sessions will involve our usual practical, down... read more »