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employmentlaw
20
Apr
2022
Bus Driver Sacked Whilst on Sick Leave Succeeds in Unfair Dismissal Claim
Written by
Emma-Louise Hewitt
Dismissing a sick employee on medical grounds may be lawful and justified, but it is always something that is likely to attract close scrutiny by an Employment Tribunal (ET). In a case on point, a bus driver who was sacked whilst on sick leave,...
14
Apr
2022
COVID-19 Pandemic Has Brought Employment Status Disputes to a Head
Written by
Emma-Louise Hewitt
Strains on the labour market caused by the COVID-19 pandemic have resulted in a great many latent disputes concerning employment status coming to a head. That was certainly so in the case of a woman who, despite her lynchpin role in an events and...
04
Apr
2022
Employee Ordered to Return Former Employer's Confidential Documents
Written by
Emma-Louise Hewitt
Those who, without authority, retain their employers' confidential documents after their employment is terminated commit a civil wrong – but what if they intend to use such documents in pursuit of Employment Tribunal (ET) proceedings? The High Court...
29
Mar
2022
Agency Workers Have No Right to Apply for Vacant Permanent Positions
Written by
Emma-Louise Hewitt
Agency workers have a right to be informed by those who hire them of permanent positions that become vacant – but are they also entitled to apply for such posts? Following an important test case, the Court of Appeal has answered that question...
25
Mar
2022
Cleaner Unfairly Dismissed Following 'Engineered' Disciplinary Process
Written by
Emma-Louise Hewitt
Employers may be put under pressure by an unhappy client to take action against a particular employee. However, as an Employment Tribunal (ET) ruling showed, that is all the more reason why a scrupulously fair procedure must be followed (Murphy v...
18
Mar
2022
P&O Devastating Sacking of 800 people
Written by
Emma-Louise Hewitt
P&O sacked 800 employees yesterday via video to replace them with "cheaper agency staff". The employees were told yesterday that it was their "final day of employment". Some of these employees have been with the Company their whole life. P&...
17
Mar
2022
Tech Company Failed to Make Reasonable Adjustments for Cancer Sufferer
Written by
Emma-Louise Hewitt
Corporate reorganisations arising from a change in ownership very often result in a need to reduce staff numbers. However, as one case showed, it is vital to conduct redundancy exercises fairly and openly and with careful regard to the particular...
15
Mar
2022
COVID-19 Whistleblower Succeeds in Automatic Unfair Dismissal Claim
Written by
Emma-Louise Hewitt
During the COVID-19 pandemic, many employees have complained that social distancing and other precautions were not enforced with sufficient rigour in their workplaces. As an Employment Tribunal (ET) ruling in a whistleblowing case made plain,...
09
Mar
2022
Whistleblower Treated as 'Complainer' Receives Substantial Compensation
Written by
Emma-Louise Hewitt
Whistleblowers perform a vital role in the public interest and managers who persist in viewing their activities merely as inconvenient belly-aching expose themselves to condemnation by Employment Tribunals (ETs). That was certainly so in the case of...
07
Mar
2022
Fear of COVID-19 is Not a Philosophical Belief
Written by
Emma-Louise Hewitt
A fear of contracting COVID-19 or infecting others with the virus is both worthy of respect and readily understandable. However, an Employment Tribunal (ET) has ruled in a novel case that it does not amount to a philosophical belief (X v Y). The...
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