A recent Court of Appeal decision highlights that the question of whether an employee’s refusal of suitable alternative employment is reasonable will depend on the circumstances of the particular employee. The decision also underlines the importance, when considering a particular employee’s reasons for refusal, of identifying what those reasons were Read more…
A recent EAT decision highlights that even an admission of gross misconduct from an employee is no guarantee that dismissal will be fair. The EAT agreed with an employment tribunal that an employee was unfairly dismissed and victimised when he was summarily dismissed, ostensibly for knowingly using non-kosher jam to Read more…
The Employment Appeal Tribunal (EAT) has held that an employer breached section 10 of the Employment Relations Act 1999 when it refused an employee’s request to be accompanied at a grievance hearing by a certified union officer. The employee’s right to choose a companion was an absolute right, subject only Read more…
Businesses should take note of a Court of Appeal decision that focused on the level of investigation that an employer may be expected to undertake where there is an alleged theft or act of dishonesty by an employee. In this case, the court restored an employment tribunal’s decision that an Read more…
The Court of Appeal has ordered a defendant to disclose e-mails to the claimant company on the basis of their former relationship as agent and principal. The court confirmed that the principal was entitled to require production by the agent of documents relating to its affairs. Materials held and stored Read more…
A High Court decision provides a classic example of why, when offering or negotiating a settlement of any dispute, it is important to add the words “subject to contract” to correspondence where it is intended that the settlement should not be considered binding until a formal written agreement has been Read more…
Businesses will welcome an EAT decision that an employer did not fail in its duty to make reasonable adjustments by not waiving the requirement for a competitive interview process in respect of an internal vacancy for which a disabled employee was applying. The EAT acknowledged that it would make a Read more…
In a significant change to the law on collective redundancy consultations, the Employment Appeal Tribunal (EAT) has overturned an employment tribunal’s decision that Woolworths’ employees, who worked in stores where fewer than 20 employees were employed, were not entitled to be consulted collectively. The EAT ruled that the words “at Read more…