Blog

Keep up to date with all that’s happening here at BPE, and read about the latest trends and issues in the law profession.

Employment

Sanctions, Internal Appeals and Dismissal

Mr Piper was a Reverend who was employed by an NHS Trust as a lead Chaplain. He was dismissed for gross misconduct, following the completion of a disciplinary procedure on 20 July 2011. Mr Piper subsequently appealed this decision and the outcome was that the Trust allowed the appeal to the extent that it substituted his dismissal for a final written warning, a demotion of his role and a transfer of his work location (so not all good news for Mr Piper!). However, instead of welcoming his job back, Mr Piper informed the Trust that he considered the offer of re-engagement unreasonable. He then lodged an unfair dismissal claim alleging that his employment had terminated on 20 July 2011.

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Would you employ a lap dancer? A chance to reconsider your answer!

Miss Quashie was a lap dancer at Stringfellows, who worked under a contract called the "Club Agreement", which stated that she was self-employed. Linked to this, Miss Quashie worked regularly on a rota and received "Heavenly Money" vouchers (a money substitute) from clients which Stringfellows converted into cash, subject to agreed deductions (e.g. a "commission" fee).

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Blanket CRB checks deemed incompatible with Human Rights Act

Last week the Court of Appeal concluded that "blanket" Criminal Record checks are incompatible with the Human Rights Act, in particular Article 8 which provides for a Right to Private and Family Life. The Government, in response, has announced its intention to appeal this finding within the given 28 days.

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