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employment-law

Court Clarifies When Facts Known by Junior Employees are to be Treated as ‘Known’ by the Employer

Businesses that entrust specific tasks to employees should make sure their policies, procedures and training require them to pass on health and safety-related facts they become aware of when carrying out those tasks to more senior managers. This is because any such facts will be treated as 'known' by the company as a whole if [...]

Employer has to pay higher compensation for lost pension rights

An employer had to pay much more compensation for lost pension rights than it anticipated after losing an unfair dismissal and discrimination claim brought by an employee who could otherwise have expected to remain employed until retirement. A disabled employee won constructive unfair dismissal and disability discrimination claims after her employer failed to make reasonable adjustments for [...]

Importance of reasonable investigation by employer before dismissal

Employers should ensure they carry out a reasonable investigation into possible alternative, exonerating explanations for apparent misconduct before deciding on dismissal or other disciplinary action. Obscene material was found in the cloud storage account at work of a manager of 27 years' standing. He said he had no knowledge of the material but admitted that [...]

New guidance from Acas on employees with long-term or life-threatening conditions

Acas has published a new guide to help employers manage staff with long-term or potentially life-threatening conditions, including cancer, HIV and multiple sclerosis. As well as specific sections on these three conditions, the guidance, Conditions automatically treated as a disability - The Equality Act and Cancer, MS and HIV, covers topics including telling the employer, [...]

Small businesses may be able to rely on external advice when dismissing an employee

A small and/or owner-managed employer may fairly dismiss an employee on the advice of an external HR consultant in certain circumstances, according to a recent ruling. The owner of a small business had nine employees and dismissed a senior manager for gross misconduct. The conduct in question involved "a senior manager engaging in sexual activity [...]

What kind of evidence do I need to assemble, for an Employment Tribunal?

Anything that will help you to prove your case. This could be employment contracts, the staff handbook (if any), details of your discipline and grievance procedures, and any other correspondence or documents which are relevant to the issues. These might include witness statements, but you will probably also need to ask witnesses to attend. Tribunal [...]

An employee left, threatening to sue us, over four months ago. Since then we have heard nothing. Are we off the hook?

Unfair and constructive dismissal claims must be made within three months (three months less at least one day, or the claim will be barred) of the effective date of termination of employment (although there is provision to extend the deadline in certain circumstances). Claims are being scrutinised much more rigorously, and it is unlikely that [...]

Self-employed or Worker – what rights do subcontractors have?

Trade businesses frequently use subcontractors to help meet the demand of their workload. Often there is no difficulty in establishing that subcontractors are self-employed and are therefore afforded no employment related rights against the contracting business. If the relationship between the business and the subcontractor renders the latter a ‘worker’, then there are additional obligations [...]