Tag Archives: Unfair Dismissal

Compromise Agreements – subsequent discovery of misconduct

Posted on May 22, 2008 by Usefully Employed

I remember Collidge -v- Freeport plc [2008] EWCA Civ 485 when it was at first instance, dealing as it does with the very common clause found in compromise agreements that: “Subject to and conditional upon the terms set out below, [Freeport] … Continue reading →

Posted in Compromise Agreements, Solicitors, Unfair Dismissal | Tagged , | Leave a comment

Acas consults on draft Code of Practice on discipline and grievance

Posted on May 22, 2008 by Usefully Employed

The Code is intended to come into force in April 2009 at the same time as the abolition of the hated statutory Dispute Resolution procedures, and is currently open for consultation. Acas have taken the tack of having two documents – … Continue reading →

Posted in Disciplinary, Dispute Resolution regulations, Employment Tribunal, Grievance, Unfair Dismissal | Tagged , | 2 Comments

Delusional

Posted on May 10, 2008 by Usefully Employed

Everyone’s been laughing it up at this case where a man dismissed from his job as a kitchen porter at a hotel brought an unfair dismissal claim, stating that his dismissal had been orchestrated by Jehovah’s Witnesses. According to the … Continue reading →

Posted in Rambling, Unfair Dismissal | Tagged | 2 Comments

Blacklist

Posted on May 8, 2008 by Usefully Employed

The National Staff Dismissal Register will be a searchable database of employees who have been dismissed for ‘dishonesty’ or have resigned while dismissal proceedings are ongoing - see the article on Personnel Today. I’m amazed this hasn’t generated more headlines. It’s … Continue reading →

Posted in Constructive Dismissal, Disciplinary, Discrimination, Unfair Dismissal | Tagged | 8 Comments

Phoenix jiggery-pokery

Posted on April 23, 2008 by Usefully Employed

It’s a cynical view that all you do when your company goes bust is put it into administration and buy it back, but would seem to be amply demonstrated by this case. Company goes into administration, administrator has no money … Continue reading →

Posted in TUPE, Unfair Dismissal | Tagged | 1 Comment

Excavating a Sharp pain in the family jewels

Posted on April 21, 2008 by Usefully Employed

It’s happened to me metaphorically but never literally: being grabbed by the balls can give you a good constructive dismissal claim, as this funny case shows. The report is so short it also acts as a good swot-sheet for constructive … Continue reading →

Posted in Constructive Dismissal, Unfair Dismissal | Tagged | Leave a comment

Unfair Dismissal – Burden of Proof

Posted on April 21, 2008 by Usefully Employed

My earlier assurances that my blogging wouldn’t be interrupted by work have been shown to be completely hollow – over two weeks have passed since my last post. And it’s not even as if there’s been nothing to report. Favourite … Continue reading →

Posted in Discrimination, Employment Tribunal, Solicitors, Unfair Dismissal | Tagged , , | 1 Comment

Agency Workers

Posted on February 6, 2008 by Usefully Employed

A neat summary of the situation at present: The question of whether a claimant in an unfair dismissal case is or is not an employee within the meaning of the 1996 Act is increasingly litigated before employment tribunals in unfair … Continue reading →

Posted in Status, Unfair Dismissal | Tagged | Leave a comment

Annual Limits Review

Posted on January 14, 2008 by Usefully Employed

Time for the annual review of financial limits. The two biggies: The cap on a week’s pay when calculating redundancy payments (or the basic award for unfair dismissal) goes up to £330; The maximum compensatory award for unfair dismissal is … Continue reading →

Posted in Discrimination, Employment Tribunal, Redundancy, Remedies, Unfair Dismissal | Tagged , | Leave a comment

Protective Awards

Posted on January 13, 2008 by Usefully Employed

Consultation, consultation, consultation. The worst crimes imaginable can nip under the radar if you only sit your employees down and talk about how terribly dreadful the situation is, but needs must, and what can we do to make the blow … Continue reading →

Posted in Discrimination, Employment Tribunal, Redundancy, Remedies, Unfair Dismissal | Tagged , | 8 Comments