Tag Archives: dismissal

Looking into disciplinary investigations – EAT’s lessons on when enough is enough

It is a basic plank of a fair disciplinary dismissal that it be preceded by a reasonable investigation.  But what is that, exactly?  How much detail must you include in your enquiry, how many witnesses must you grill, how far back do you have to go, how far must you challenge or test the evidence … Continue Reading

Whose lie is it anyway? Not for employer to decide if whistleblowing disclosure is protected

For a whistleblower to benefit from the statutory protections, his disclosure must be protected, i.e., be (usually) about the breach of a legal obligation and reasonably believed by him to be true and in the public interest.  If he deliberately lies or makes his disclosure only to advance his own interests or prejudice somebody else’s, … Continue Reading

EAT says even expired warnings can be taken into account when dismissing an employee. Sometimes.

In Stratford v Auto Trail VR Ltd the EAT held that an expired warning can be taken into account when considering whether a dismissal was fair or unfair under s98(4) Employment Rights Act 1996. Mr Stratford had the sort of disciplinary record which requires real commitment (17 incidents in less than 13 years). The most … Continue Reading

He’s making a list, he’s checking it twice… the year’s best misconduct cases

As the Festive Season reaches its peak Down Under, we have taken a look back at the more ‘interesting’ cases of 2016 to help Santa prepare his Naughty or Nice List for Australian employers: First to be considered for Santa’s list is a labourer who, in the midst of a heated discussion, somewhat unchantably called … Continue Reading

Recent redundancy exercises – learning points for HR, part 4

Managing redundancy for those on maternity leave Many employers get nervous when carrying out redundancy exercises if the selection pool includes a woman who is pregnant or on maternity leave.  The risk of a claim for discrimination or an unfair dismissal claim if she is made redundant is often on their mind. The fact that … Continue Reading

Spying on an employee in France breaches his right to privacy, even where he is committing breaches of his employment contract

The French Supreme Court recently ruled that an employer could not rely on the report of a private detective it had hired to spy on one of its employees to obtain an injunction against him because this was a breach of the employee’s privacy and that could not be justified, however legitimate were its concerns. … Continue Reading

Recent redundancy exercises – learning points for HR, Part 1

Large-scale redundancies may not be happening (fortunately) to the same extent as in the aftermath of the financial crash of 2008 (and it’s too early to talk meaningfully about the possible implications of Brexit), but we are still often asked to advise clients in connection with smaller-scale redundancy exercises, often arising as a result of … Continue Reading

Tokyo District Court rules that “US-style” dismissal is invalid

Article 16 of the Japanese Labour Contracts Act provides that “If a termination lacks objectively reasonable grounds and is not considered to be appropriate in general social terms, it is treated as an abuse of rights and is invalid”.  Obviously the terms “objectively reasonable grounds” and “appropriate in general social terms” are ambiguous but here … Continue Reading

French Supreme Court decides that failure to display workplace rules rendered dismissal unfair

A recent case before the French Supreme Court acts as a stark warning to employers of the importance of complying with the requirements in the French Labour Code to display their internal rules in the workplace. After the discovery of empty bottles of alcohol in the employees’ changing room, an employer required one of its … Continue Reading

Offensive tattoos in the UK workplace? Come on, be reasonable

I am quite confident that a great many of us have considered the possibility of getting a tattoo.  It may have been during the heady days of youth and only a fleeting fantasy, but a consideration nonetheless.  I will freely admit toying with the idea right up to the moment I realised that ‘inking’ myself … Continue Reading

US soldiers fall out over hair rules

As an aficionado of blonde highlights with a side line in curling and straightening my own coiffure from time to time I was slightly sorry to see the new US Army regulations on personal appearance.  For those not in the loop, the US Army has recently updated its grooming rules, and in doing so has … Continue Reading

Porn again – professor sacked for beaming porn on white board during lesson

While it is not beyond belief that students with tablets and smart phones might surreptitiously occupy their minds elsewhere during a lecture, this year’s Employmentlawworldview Oscar for Best Multitasking must surely go to the Swiss professor dismissed last week for watching porn while giving a lecture.  What poise, what practice, what confidence that must take, … Continue Reading

When straight talking goes too far

In a recent post on this blog, “Words Fail Me, I’m a Manager,” David Whincup explored the use of euphemisms in the world of employment relations.  This is the world where managers, finding it difficult to look employees in the eye, choose email, or better still, text messages to communicate difficult messages, using such choice … Continue Reading

UK Zero hours: the debate goes on

From time to time, a subject will capture the public’s (or at least the media’s) attention.  As a result, something which has gone on for many years either unnoticed or at least without comment or apparent controversy, suddenly becomes the focus of heated debate about inequity, political attention and the demand for fairness and change. … Continue Reading
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