I think I speak for many in the employment law community when I say that Section 111A(4) Employment Rights Act has always been something of a disappointment. Here we have a provision which allows the protection of a protected conversation to be blown apart by improper behaviour, a term wholly undefined in the Act, and … Continue Reading
The Court of Appeal confirmed in Gwynedd Council – v – Barratt and Hughes last month that the failure to offer an employee the right to appeal against his dismissal will not inevitably make the termination unfair but is merely one piece of the puzzle in a range of factors which are considered when determining … Continue Reading
A politician who refuses to change his mind, regardless of any change in relevant circumstances, is oddly often praised for being “principled”, “strong willed” and “resolute”. However, employers who take the same approach to their employees are almost invariably hauled over the coals in the Tribunals – circumstances alter cases, after all, for all but … Continue Reading
The law is not an exact science, and employment law among the least of all. The test supposed to be used by the Employment Tribunals to determine the fairness of a dismissal is whether it falls “within the range of reasonable responses”, so potentially allowing for a whole variety of right answers to the basic … Continue Reading
