Tag Archives: unfair dismissal

Just how wide is the band of reasonable responses for misconduct dismissals?

In Newbound v Thames Water Utilities Ltd, the Court of Appeal has restored an Employment Tribunal’s decision that the Claimant was unfairly dismissed for a breach of his employer’s health and safety procedures. The case is a reminder that, although an employer’s decision to dismiss must only be within a band of reasonable responses to … Continue Reading

Settlement discussions – when can employers safely use the ‘without prejudice’ rule?

For employers wanting to bring an employment relationship to an end, whether for disciplinary or performance related reasons or simply because it is not working out, it is often difficult to judge the right time to have a ‘without prejudice’ conversation with an employee. Get it wrong and the contents of that discussion may be used … Continue Reading

UK Legislative Reform – No Summer Break

The sun may have finally decided to make an appearance but this is no indication of a relaxing summer break for employment specialists! A number of key employment law provisions came into force on 25 June 2013, with 29 July 2013 as the next key date for legislative reform. We take a look at what employment-related … Continue Reading

Plans for new ‘owner-employee’ employment contracts announced

The Chancellor of the Exchequer, George Osborne, has announced plans to introduce a new type of employment contract – an ‘owner-employee’ employment contract. ‘Owner-employees’ will receive between £2,000 and £50,000 worth of shares (which will be exempt from capital gains tax) in exchange for giving up certain rights, including redundancy rights, the right to claim … Continue Reading

Service provision changes: Relocation because of TUPE transfer was a substantial change to employees’ material detriment

In Abellio London Ltd (Formerly Travel London Ltd) v Musse and others UKEAT 0283/11 and 0631/11, the Employment Appeal Tribunal (“EAT”) ruled that a relocation of six miles within central London which resulted in the employees having to travel an extra one to two hours to work following a service provision change amounted to a … Continue Reading

Impact of the UK Government’s plan to increase the unfair dismissal qualifying period

In a speech this afternoon to the Conservative Party Conference, George Osborne Chancellor of the Exchequer has confirmed that the qualifying period for standard unfair dismissal claims is to be increased from one year to two from 6 April 2012. This statement does not come as a great surprise since the issue was the subject of … Continue Reading

Effective Date of Termination – Employer’s letters of dismissal

The UK’s Supreme Court in Gisda Cyf v Barratt has ruled that where an employer communicates dismissal without notice by way of a letter, the effective date of termination (‘EDT’) is when the employee reads the letter or has had a reasonable opportunity of reading it, as opposed to when it is posted. This will be … Continue Reading
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