Reason For Dismissal – Changing Horses?
01 / 03 / 2012
Where an employee is dismissed the employer must show the reason for the dismissal. There are five potentially fair reasons for dismissal, including conduct and capability. They are not always easy to distinguish. In the case of Screene v Seatwave Ltd, the employer stated that misconduct was the reason for dismissal when it terminated an employee’s contract, but later changed...
Deciding To Dismiss – The Action Of Last Resort
27 / 01 / 2012
Employing people can be hard work, especially those who put in a grievance on the grounds that you’re bullying them and go off sick with stress as soon as you tell them that they are falling below the standards required by the organization. Managers have a right and a duty to manage their employees, but it must be done properly....
Unauthorised Leave On Christmas Eve
03 / 01 / 2012
Mrs Stott was employed by the retailer Next and had a clean employment record. She was contracted to work eight hours per week and regularly worked four hours overtime per week. In October 2010 she paid a £50 deposit to attend her husband’s Christmas work function on Christmas Eve. Mrs Stott paid the deposit assuming that she would not have...
Employment Law Update - Sickness And Holidays
20 / 12 / 2011
The decision in Stringer v HMRC clearly established that workers on long-term sick leave accumulate statutory holiday throughout their absence. If the worker is absent for many years, but remains an employee (as might happen if the employer provides PHI),does the holiday continue to accumulate? Following a recent decision by the ECJ, it seems that there are limits. In...
How To Stop Your Goose Being Cooked This Christmas
06 / 12 / 2011
It is Christmas party time again. Every year without fail my clients say “Oh Kate, for goodness sake, stop fussing ......!” And every year someone comes back to me and says “Errrm, didn’t take your advice; matey boy got drunk and ......” Then we’re into damage limitation. So in my annual role as work Christmas party pooper I write to...