Tag Archives: Unfair dismissal

UK Government consults on tax treatment of severance payments. Do you want the bad news or the bad news?

I know that over the years we have said some pretty harsh things in this blog about assorted government proposals and consultation exercises, but I take it all back.   There is a new kid in town, the HM Treasury/HMRC consultation document on Simplification of the Tax and National Insurance Treatment of Termination Payments https://www.gov.uk/government/consultations/simplification-of-the-tax-and-national-insurance-treatment-of-termination-payments and … Continue Reading

UK sewer worker kicks up stink over health and safety dismissal

In Newbound –v- Thames Water the Court of Appeal has recently upheld the ruling of the Employment Tribunal that Mr Newbound had been unfairly dismissed for gross misconduct despite his breaching company health and safety rules. The case highlights the difficulties faced by employers trying to enforce compliance with new health and safety procedures, but … Continue Reading

Employer not driven to investigate all defences in UK disciplinary process

Some reassuring guidance for employers on the conduct of disciplinary investigations from the Court of Appeal last week – not new law but a clear and helpful analysis of just how far you have to go to investigate an employee’s defence. Mr Shrestha was employed by Genesis Housing Association as a support worker, a role … Continue Reading

A sorry state of affaires – sack your mistress or lose your family

Back in January 2013, my colleague David Whincup published a blog about an Iowa dentist who dismissed his assistant because of the threat which his wife considered her to pose to their marriage. For those happy few who have spent the last 17 months wondering what would happen in similar circumstances in the UK, wonder … Continue Reading

M5 or A303 – “unmanageable” public interest complainant runs out of road in UK Tribunal

It is rare that an employer wins its Tribunal case but still covers itself in so little glory as did Hampshire Police this month in its defence of a whistleblowing allegation brought by former policeman Mr Panayiotou.    Mr Panayiotou was a chap with a strong, not to say obsessive, sense of right and wrong.  He … Continue Reading

EAT decision leaves UK employers sitting on burning external appeal questions

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

House of Lords Swallows Mad Dog’s Breakfast

Back in October we suggested that the Government’s employee shareholder status proposal was a clear case of attaching too much credibility to its own publicity, and was destined to fail – ill thought-out, with insufficient consideration given to how it would actually work in practice, as opposed to party political conference cosmetics. Since then, much … Continue Reading

Webinar: ‘Spotlight on Key Labour and Employment Issues – Spain’

Squire Sanders presents a series of webinars focussing on the key labour and employment issues in various countries throughout Europe, Asia Pacific and the Americas. On 30 October 2012 at 4.00pm GMT (5.00pm CET, 12.00pm EDT) the featured country is Spain.  Ignacio Regojo and Juan Nasarre from Squire Sanders’ Madrid office will provide an update … Continue Reading

Can a hand grenade blow up a banking career?

Hot on the heels of the hapless Shearman & Sterling trainee and his inappropriate emails (see post 20 February), transatlantic financial news site hereisthecitynews http://hereisthecity.com/ brings word of another promising candidate for the 2012 Employment Law Worldview Career Suicide Awards.  Imagine that you work for an international bank in one of the largest skyscrapers in … Continue Reading

When is a public forum too public?

Is there a point, you wonder, when discrimination law becomes too much of a good thing? Sitting with last night’s London Evening Standard Evening Standard – Home RSS feed, you find reports of Employment Tribunal discrimination proceedings on pages 3, 6 and 8, with a small trot off to the Employment Appeal Tribunal Judgments for … Continue Reading

Stupid reasons for dismissal

Making a number of appearances in the press recently is the sad story of a trainee at US law firm Shearman & Sterling.  He was part of a group of four City workers (two lawyers and two brokers) whose emailed list of “rules” for a lads’ holiday in Dubai went viral, ending up as national … Continue Reading

Age of uncertainty – revisions to retirement rules?

More hot news from the Department of Cheap Political Gestures earlier this week.  Under the not even remotely inflammatory headline “Old Slackers Face the Boot” the Evening Standard Evening Standard – Politics RSS feed reports somewhat vaguely on new Government proposals to help employers with the tricky issue of raising retirement with their older staff.  … Continue Reading

Tribunal fees – vexatious claimants need not apply (but probably will)

Hurrahs and cheers can heard from employers across the country this month as the Government announces proposals for major reforms to the UK Employment Tribunal system.  But will they work?   The changes announced by Chancellor George Osborne at the Conservative Party conference in Manchester at the beginning of October include the introduction of an … Continue Reading