Katie Newman on Unfair Dismissal

U.K. Employment Law Update: Disciplinary Proceedings, Compensation on an Unfair Dismissal and Religious Discrimination

Do Disciplinary Proceedings Have to Wait Until a Criminal Investigation Is Completed? In North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387, the Court of Appeal considered whether conducting disciplinary...more

6/4/2019 / Employment Contract , Employment Litigation , Hiring & Firing , Religious Discrimination , UK , UK Employment Appeal Tribunal , Unfair Dismissal

U.K. Employment Law Update: TUPE-related Dismissal, Equal Pay and Bad Leaver Provisions

TUPE: Pre-Transfer Dismissal Was Automatically Unfair - In Hare Wines Ltd v Kaur [2019] EWCA Civ 216, the U.K.’s Court of Appeal considered whether the dismissal of an employee immediately before a transfer under the...more

5/6/2019 / Employment Litigation , Hiring & Firing , TUPE , UK , Unfair Dismissal

U.K. Employment Law Update: Employer Liability, Whistleblowing Dismissals and Trial Periods in Redundancy

Was an Employer Liable for an Assault Committed by one of its Employees on Another? In Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214, the Court of Appeal considered whether an employer was liable for an...more

12/31/2018 / Employer Liability Issues , Redundancy Dismissals , UK , UK Employment Appeal Tribunal , Unfair Dismissal , Workplace Violence

U.K. Employment Law Update: Rising Employment Tribunal Claims, Serious Employee Misconduct and Who Is the True Employer

A Year on: The Continued Rise of Employment Tribunal Claims - The U.K.’s Ministry of Justice has published its quarterly Employment Tribunal statistics for April to June 2018. These quarterly statistics are of particular...more

10/1/2018 / Employer Liability Issues , Employment Contract , Employment Litigation , Hiring & Firing , UK , UK Employment Appeal Tribunal , Unfair Dismissal

U.K. Employment Law Update, July 2018

All Things Brexit - Earlier this month, as the latest formal development concerning Brexit, the U.K. government published a White Paper entitled ‘The Future Relationship between the United Kingdom and the European Union’...more

8/1/2018 / Constructive Discharge , Employer Liability Issues , Gig Economy , Hiring & Firing , UK , UK Brexit , UK Employment Appeal Tribunal , Unfair Dismissal

Effective Date of Termination for Unfair Dismissal Claim

Cosmeceuticals Ltd v Parkin [2017] EAT 0049_17_2706 considered the effective date of termination (EDT) for unfair dismissal purposes where an employee was initially dismissed with immediate effect but subsequently given...more

3/29/2018 / Employer Liability Issues , Hiring & Firing , Termination , UK , UK Employment Appeal Tribunal , Unfair Dismissal

Covert Surveillance at Work: A Breach of the Right to Privacy

In Lopez Ribalda & Ors v Spain (Application nos. 1874/13 and 8567/13) the European Court of Human Rights (ECtHR) held that the installation of and reliance on covert surveillance at work was a breach of the workers’ right to...more

3/1/2018 / Employer Liability Issues , Employment Litigation , European Court of Human Rights , Hiring & Firing , Right to Privacy , Surveillance , Unfair Dismissal

Raising Rates: Tribunal Compensation Limits and National Minimum Wage 2018

The annual increases in compensation in the employment tribunals will take effect on 6 April 2018. The new rates apply where the event giving rise to the compensation (such as the termination of employment) occurs on or after...more

3/1/2018 / Employer Liability Issues , Employment Tribunals , Hiring & Firing , Minimum Wage , UK , Unfair Dismissal , Wage and Hour

Whistleblowing: What if the Decision-Maker Was Not Aware of the Protected Disclosures?

In Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 the Court of Appeal considered whether an employee who had made protected disclosures had been unfairly dismissed by a manager who was unaware that the employee had made such...more

12/1/2017 / Employment Litigation , Hiring & Firing , UK , Unfair Dismissal , Whistleblowers

Unfair Dismissal: Can a Disciplinary Investigation Be Too Thorough?

In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more

11/1/2017 / Disciplinary Proceedings , Employer Liability Issues , Employment Tribunals , Gross Misconduct , Hiring & Firing , Termination , UK , UK Employment Appeal Tribunal , Unfair Dismissal

Is Culpability Relevant in a Conduct Dismissal?

In JP Morgan Securities v Ktorza [2017] UKEAT 0311-16-1105 the Employment Appeal Tribunal (EAT) considered whether there was a requirement for an employer to establish that an employee’s conduct was culpable when determining...more

8/31/2017 / Employer Liability Issues , Hiring & Firing , UK , UK Employment Appeal Tribunal , Unfair Dismissal

Katie Newman

Faegre Drinker Biddle & Reath LLP

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