When is notice given by an employee not notice to resign? Recent EAT decision is warning for employers
Giving notice to your employer is a big step and one not to be taken lightly. Resigning from your job is not something that can usually be reversed – unless the employer agrees to this (they don’t have to). In… Read on
Three things you need to know about social media and the workplace
It’s hard to believe that Facebook hasn’t even been around for 15 years yet but, social media is now an ever present fact of life and has radically changed the way we do things. But new technology has brought challenges… Read on
A quick guide to constructive dismissal
You may have heard the phrase “constructive dismissal” but, do you really know what it means? What does constructive dismissal involve and what are the legal implications when someone makes a claim for constructive dismissal? It’s a notoriously complicated area… Read on
Probationary periods: what are they and what do you need to know about them?
You may have heard people say they are “working their probation” and it is very common for employment contracts to contain a probationary period clause but, what exactly is this and, how does it work? We look at the legal… Read on
Employer’s disciplinary appeal failure could be constructive dismissal
The Court of Appeal recently reiterated that the effect of a successful disciplinary appeal by an employee against his dismissal was that the dismissal effectively “vanished” and his employment was restored. He should be treated as if he had never… Read on
Right to work dismissals: EAT suggests employer should always give right of appeal
The Employment Appeal Tribunal (EAT) has overturned an employment tribunal’s decision that a dismissal was fair, notwithstanding that the employer offered no right of appeal against its decision to dismiss. Mr Afzal had been employed since 2009 and was a… Read on
Series of acts damaged trust and confidence and amounted to gross misconduct
An employer is entitled to terminate the employment contract without notice or pay in lieu of notice where there is an act or omission by the employee which amounts to gross misconduct (known as “summary dismissal”) . The crucial question… Read on
Can I claim unfair dismissal if I haven’t been employed for 2 years?
The general rule is that only employees who have been employed continuously for two years or more can bring a claim of unfair dismissal in the employment tribunal if their employment is terminated. However, there are some important exceptions to… Read on
Employer liable for discrimination even though it didn’t know conduct was linked to disability
The Court of Appeal recently had to decide whether it had been an act of disability discrimination for an employer to dismiss an employee for misconduct which it did not know at the time, was related to the employee’s disability?… Read on
Constructive dismissal: Court of Appeal decision on “last straw” principle
A recent decision from the Court of Appeal has made it clear that a series of events can add up to a breach of contract serious enough to allow an employee to resign and claim constructive dismissal, even when they… Read on