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News

News

Employment law is constantly changing, both in terms of legislation and when new case law develops. We update you on significant developments when they occur, summarising what you need to know in our clear, user-friendly email updates. Our database of articles is fully searchable and covers nearly every employment law topic you can think of! Please use the search function (at the top right of the page) to find articles on the topics that interest you.

Individuals can be personally liable for whistleblowing claims

Individuals can be personally liable for whistleblowing claims

22 October 2018 by Nicola Brown

It has been the case for a long time that individuals can be held personally liable for acts of discrimination, so (for example) a manager who refuses to promote a woman because of her pregnancy can be named as a Respondent in her Employment Tribunal claim for discrimination, alongside the employer. We have... read more »

Can you make someone redundant when they are off sick?

Can you make someone redundant when they are off sick?

22 October 2018 by Nicola Brown

I thought I would write about this topic as it is something that has cropped up (by coincidence) with several of my employer clients over the past few weeks. In particular, we have come across several situations where the employee avoids attending consultation meetings, is then signed off work with stress and refuses... read more »

The importance of a fair procedure

The importance of a fair procedure

19 October 2018 by Peter Stevens

The test of whether or not a dismissal is fair or unfair in law is set out in the Employment Rights Act 1996. This provides that it is for the employer to show that they dismissed the employee for one of the potentially fair reasons (conduct, capability, redundancy, breach of a statutory enactment,... read more »

After the after-party - vicarious liability

After the after-party - vicarious liability

22 October 2018 by Marianne Wright

It’s been nearly 2 years since we first reported on the case of Bellman v Northampton Recruitment in our article, ‘Christmas time, fisticuffs and wine’. In summary, the case related to a managing director who assaulted one of his employees at a spontaneous after-party which followed the work Christmas do. Unfortunately, the... read more »

Why appeals are absolutely crucial

Why appeals are absolutely crucial

30 September 2018 by Nicola Brown

Employees often say that they feel appeals are a bit of a waste of time, and it is true that in our experience the vast majority of appeals result in the original decision being upheld. However, a recent case illustrated that whatever the outcome, they can play a very significant part in any... read more »

What Not to Ask at Interview!

What Not to Ask at Interview!

30 September 2018 by Nicola Brown

A recent survey of 2,000 managers who have responsibility for interviewing found that 85% of them admitted to having asked inappropriate questions of a candidate at interview. Can you be sure that managers at your organisation wouldn't do the same? While it is of course important that line managers are involved in the recruitment... read more »

Don't let your company vehicle policy drive you round the bend!

Don't let your company vehicle policy drive you round the bend!

30 September 2018 by Marianne Wright

The recent Employment Tribunal case of Genus and Kelly v Fortem Solutions Ltd involved two employees who carried out property repairs and who were each given company vans. Both were long serving employees with prior clean disciplinary records, but were dismissed for gross misconduct for using company vans for private purposes. Fortem had investigated the employees’... read more »

The importance of equal treatment

The importance of equal treatment

30 September 2018 by Peter Stevens

No, I don't mean equal treatment in terms of discrimination and the Equality Act (although that is important too of course!), but rather the importance of consistency when dealing with disciplinary issues. Common sense says that if you have more than one person misbehaving in a similar manner then, in the absence of any... read more »

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