If you have a contractual grievance procedure (which we usually advise against!) and get the procedure wrong, an employee may allege that you have breached their employment contract and rely on this breach to bring a constructive unfair dismissal claim. A senior executive may also argue that this breach releases them from their post-termination restrictions.
Read MoreInsightsPosts From December 2013
Can an employee succeed in their constructive unfair dismissal claim where the employer’s breach of contract is one of many reasons for their resignation?
Read MoreHow far must an employer go when investigating an allegation of misconduct? The case of Stuart v London City Airport Ltd gives employers some useful guidance on what constitutes a reasonable level of investigation in cases of misconduct.
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The Employment Appeal Tribunal ("EAT") has recently concluded that an employer’s decision not to provide a car parking space amounted to disability discrimination.
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It would seem reasonable to think that dismissal inevitably falls within the band of reasonable responses in a case of gross misconduct. However, the recent case of Brito-Babapulle v Ealing Hospital NHS Trust highlights that this approach may be an error as it would fail to give due consideration to any mitigating factors.
Read MoreFurther to the introduction of employment tribunal fees on 29 July 2013, a move that was estimated to save the tax payer £74m per year, the eyes of the employment world were firmly fixed upon the Ministry of Justice’s quarterly release of employment tribunal statistics released on 18 October 2013.
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