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?
UNFAIR DISMISSAL - 30.11.2023
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). ...
CONSTRUCTIVE DISMISSAL - 30.11.2023
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?
UNFAIR DISMISSAL - 29.11.2023
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?
DISCIPLINARY PROCEEDINGS - 31.10.2023
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?
GROSS MISCONDUCT - 31.10.2023
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?