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?
RESIGNATIONS - 13.11.2023
Missing out on exit interviews
According to new research, thousands of employers are missing out on vital information because they don’t conduct exit interviews. Why are exit interviews so important and who should conduct them?
REDUNDANCY - 31.10.2023
How long should the redundancy process take?
When you’re considering making redundancies, there are several stages you’ll need to go through to ensure that any redundancy dismissals you make are fair. How long should the redundancy process take from start to finish?
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?