Termination
Anonymous witness statements in disciplinary investigations
The last straw: what does it take to break the camel’s back?
Are your dismissal letters unambiguous?
Employers must write dismissal letters in clear and consistent terms which make the effective date of termination easy to understand, […]
HMRC changes to taxation of termination payments
Remember, remember the upcoming change to national insurance contributions (NICs) on termination payments – as well as the recent change […]
Employment Tribunal entitled to re-label decision to dismiss
In a recent Scottish case, the Court of Session has held that an Employment Tribunal (ET) was entitled to re-label […]
References – to give or not to give?
There is generally no obligation on an employer to give a reference at all. There are, of course, exceptions – […]
Covert recordings: "For the times they are a-changing"
Almost everyone carries around with them a recording device nowadays, in the form of a smartphone or wearable technology. Where […]
Update – Employer NICs on Termination Awards
On 25 April 2019, the National Insurance Contributions Bill was introduced to Parliament. The Bill deals with the national insurance […]
Disciplinary investigations: Common sense and even-handedness should prevail
In the recent Employment Tribunal (ET) case of Ball v. First Essex Bus Limited, the claimant, a 60-year-old bus driver […]
Kilraine v London Borough of Wandsworth [2018]
A recent case has considered the issue of what amounts to a protected disclosure. In Kilraine v. London Borough of Wandsworth [2018], the Court of Appeal guided Employment Tribunals in such cases to focus on determining whether there was a "protected disclosure" and whether the disclosed information, showed or tended to show that one or more of the six specified types of malpractice had taken place or was likely to take place – for example a breach of a legal obligation.
Summary dismissal and misconduct
The recent case of Mbubaegbu v Homerton University Hospital NHS Foundation Trust provides an interesting insight into the circumstances in which employers can summarily dismiss an employee for misconduct.