Employment & HR - Disciplinary, dismissal and grievance matters

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DISMISSAL - 30.11.2023

Employee speaks their mind following dismissal

In November 2023 the Prime Minister fired the Home Secretary. In response, she sent a no holds barred letter criticising his conduct. If you dismiss an employee and they react in the same way, what should you do?
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Q&A - duty to mitigate losses

Q. We’ve been told that if we dismiss an employee and they subsequently issue an unfair dismissal claim, they’ve a duty to mitigate their losses . What does this mean? A. An employee who is dismissed for redundancy, capability or misconduct, and who wishes to issue an unfair dismissal claim is legally obliged to take reasonable steps to find alternative employment to reduce their loss of earnings. If they fail to do so the tribunal may refuse to award them their full loss of earnings, assuming their claim is successful. Where a former employee has failed to mitigate their losses , it is up to the employer to prove that this is the case; it can’t be a mere allegation. Also, the tribunal won’t automatically consider this issue - the employer has to raise it (but should only do so if there is adequate evidence which can be relied upon). ...
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Employee denied phased return to work wins £29,000

An employee who was denied a phased return to work after having extensive surgery on both of her wrists has been awarded over £29,000 in compensation by the tribunal. What was the legal issue here?
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Employee told to do laundry wins £28,000

An employee who resigned and successfully claimed constructive dismissal after she was told to do housekeeping duties instead of her usual job has been awarded £28,000 by the tribunal. Why did the employee have a legal right to resign?
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Should a disciplinary hearing have a time limit?

You’re about to write to an employee asking them to attend a disciplinary hearing. It’s been suggested that you set a time limit, e.g. two hours, to ensure that the hearing doesn’t go on any longer than is necessary. Why is this a bad idea?
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Fairly dismissed for claiming two meals on expenses

An employee who was sacked after he claimed for two lunches whilst travelling on a work-related business trip has lost his claim for unfair dismissal. Why did the tribunal find in the employer’s favour?
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Employment & HR - Disciplinary, dismissal and grievance matters

Most read Tips & Advice


Employee resigned during disciplinary proceedings

You commenced disciplinary proceedings against an employee due to allegations of serious misconduct. They’ve responded to your action by resigning. Should you continue with the disciplinary proceedings or not?
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Broken toilet costs unhappy employer over £32,000

An employee who was sacked after he contacted the Health and Safety Executive (HSE) about a broken toilet in his workplace has been awarded £32,738 by the tribunal. Where did the employer go wrong?
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DISMISSAL - 06.09.2023

Must you say “please” when making employee requests?

An employee who refused to carry out job-related tasks because her bosses didn’t say “please” has claimed race discrimination at the tribunal. Are employees entitled to insist that you always make such polite requests of them?
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