Real Employment Law Advice

Category: Disciplinary Procedures & Dismissals

Writing a letter
Best practice for employers

Without prejudice letters: Are they really ‘off the record’?

Are “without prejudice” letters admissible as evidence if they contain grossly exaggerated allegations of misconduct? This was the question that was considered by the Employment Appeal Tribunal in the case of Swiss Re Corporate Solutions Ltd v Sommer  in relation to a letter proposing settlement..

Best practice for employers

How to Conduct a Disciplinary Process

If a situation arises where you consider that you may need to commence a disciplinary process with an employee, then it is important that you follow a fair process. The main risk of not following a fair process is that if the employee is dismissed, they could pursue a claim for unfair dismissal..

tribunal book and gavel
Best practice for employers

What is the test for determining victimisation?

This question has been answered recently by the Employment Appeal Tribunal in the case of Warburton v The Chief Constable of Northamptonshire Police [2022] EAT 42 (14 March 2022).  Victimisation occurs where one person subjects another person to a detriment because either..

unfair dismissal
Best practice for employers

P & O Ferries dismisses 800 staff without notice

As you may have heard on the news, P & O Ferries recently dismissed 800 of its employees without warning or notice.   The news was delivered to the affected employees via video call on 17 March 2022 and, just like that, 800 employees learned that they were out of a job.

dismissal
Best practice for employers

Can I claim for Wrongful Dismissal?

Employees who consider they have been paid incorrectly in respect of their notice pay, can pursue a claim for wrongful dismissal in the Employment Tribunal. Please note, the claim must be lodged with Acas within 3 months less one day of you receiving the incorrect pay.

dismissal
Best practice for employers

Was an employee unfairly dismissed when his employer failed to inform him of the specific allegation that led to his dismissal?

Was an employee unfairly dismissed when his employer failed to inform him of the specific allegation that led to his dismissal?
This was the question that the Employment Appeal Tribunal considered in the case of London Borough of Hammersmith and Fulham v Keable where the employer appealed against a Tribunal’s decision that it had unfairly dismissed an employee for making controversial remarks that were published on social media