Tag Archives: constructive dismissal

Bad medicine – the dangers of contacting an employee during sickness absence

It is a common issue facing employers; you want to start or take next steps with a grievance or disciplinary investigation. To do the right thing you want to meet with the employee to discuss your concerns but the worker is on sick leave or goes sick, often citing work-related stress.  Can you contact the … Continue Reading

A UK tale of sexy selfies, steamy shower rooms and the WAG wannabe who would not take a hint

Workplace relationships, petites aventures and flirtation between employees are a headache that many employers have to suffer. The management of workplace romance has become increasingly difficult with staff working longer hours and social media often blurring the lines between the professional and personal lives of employees.    This issue was splashed across the press recently when … Continue Reading

UK High Court imposes 12 months’ garden leave on “implausible and opportunistic” stockbroker

In one’s darker moments at work the prospect of 12 months’ compulsory paid leave sounds like the way to go.  In reality, the damage done to your name, skills and client connections could be very substantial.  How could the employer ever justify that requirement?   In JM Finn & Co Ltd v Holliday the High Court … Continue Reading

Upholding grievances – kill or cure?

If you make some horrible error in your treatment of an employee, how far can your addressing it swiftly prevent it becoming a constructive dismissal claim?   Two quite similar stories in the law reports shed some light on this.  In 2010 the Court of Appeal concluded in Bournemouth University Higher Education Corporation –v- Buckland that … Continue Reading

Constructive dismissal the easy way

Transatlantic Financial Services website Financial Markets & Business News – Here Is The City – The Financial Markets Guide quoted last week a passage from the book “The Making of Goldman Sachs”.  It dealt with how Goldmans successfully upgraded its London staff without significant claims or severance payments, i.e. by being very “civilised” about the … Continue Reading

A whole new ball game? Constructive dismissal in the sports arena

Multi-million pound salaries, glamour-model girlfriends, and celebrity lifestyles, all for three mornings’ training per week and a 90 minute kick-around on the weekend. It is no surprise that managers and footballers are thought by many (seemingly themselves also, on occasion) to live on their own planet with their own rules. When was the last time … Continue Reading

The blame game – competence and capability

Sick of having to chase your staff to perform?  Don’t see why they claim to be so stressed?  Ever thought it might all be your fault? A recent survey by the Chartered Management Institute provides some statistics which should at first sight have managers everywhere clutching for their laurels.  The survey of over 2,000 employees … Continue Reading