Unfair Dismissal: Failure to disclose misconduct: Episode 24

Unfair Dismissal

When can you dismiss an employee for failure to disclose misconduct in other employment?

In this episode of the podcast I tell you about a recent case in the Employment Appeal Tribunal where an employee was dismissed for failure to disclose misconduct after his employer found out about an allegation of misconduct in his other part-time job. The case is The Basildon Academies v Amadi.

In this episode you will learn

  • When an employee is obliged to disclose their own misconduct
  • Why it was unfair to dismiss an employee who failed to disclose allegations of misconduct
  • What the employer in this case could have done differently to justify a fair dismissal
  • What you can do to ensure your employees must disclose
  • When you should seek advice for your business

HR Best Practice Tip

The HR tip of the week is about ensuring that your employment contracts are fit for purpose and the needs of your business. The featured case serves as a reminder that inadequate contracts can be costly for employers.

In particular with many regular changes to the law it is important to review at least annually. For example there has been a recent change to the use of zero hour contracts which makes it unlawful to include an exclusivity clause in a zero hour contract.

Podcast references

To read the full Employment Appeal Tribunal judgement in the case of The Basildon Academies v Amadi click here

 HR Harbour – A complete solution for Employers

If you feel overwhelmed by all of the employment law and HR issues that come with employing staff, why not have a look at this short video to see how I can help you.

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Would you liAdvice neededke advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.




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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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