Tag Archives: unfair dismissal
The EAT in University of Sunderland v Drossou has decided that, contrary to previous practice, employer pension contributions should be included in the calculation of a week’s pay. This will increase the value of awards, in particular where the full … Continue reading
On 25 April 2017, the Employment (Amendment) Bill 2017 was introduced for first reading in the Legislative Council. This Bill follows a similar Bill proposed in 2016 and if passed, will strengthen the Labour Tribunal’s power to make an order … Continue reading
UK: Unfair dismissal – poor attitude towards organisational change could justify gross misconduct dismissal
The Court of Appeal has upheld a tribunal ruling that deliberate resistance by a manager asked to implement organisational change was gross misconduct. Given her senior position, the manager's failure to cooperate with, support or lead a change, on the … Continue reading
Employers considering withholding a statutory redundancy payment, on the ground that they have offered a suitable alternative job which has been refused, should encourage employees to disclose any reasons they have for rejecting the alternative offered prior to a final … Continue reading
Unions are becoming increasingly prevalent across Asia. Here we take a look at which aspects of the employment relationship unions may be involved in Singapore, Hong Kong, the People's Republic of China, Thailand, Indonesia, South Korea and Japan.
UK: April 2017 changes – apprenticeship levy, tribunal compensation limits, national minimum wage, statutory benefits and immigration skills charge
From 6 April 2017 UK employers with an annual pay bill of or over £3 million will be required to pay an apprenticeship levy at a rate equivalent to 0.5% of their payroll costs, subject to an offset allowance of … Continue reading
Employers should ensure they investigate any evidence that a long-term sick employee may soon be able to return to work before deciding to dismiss, even if that evidence is questionable and produced only at a late stage.
As a general rule, employees bringing a claim for damages against their employer will need to demonstrate that they have suffered financial loss as a result of the alleged wrongdoing. In some cases, however, an employee may also be able … Continue reading
UK: Relocation on redundancy – mobility clause dismissal will be unfair if clause is too wide or operated unreasonably
The recent case of Kellogg Brown & Root v Fitton and Ewer serves as a reminder to employers relocating jobs on a redundancy: if they choose to operate a mobility clause (rather than make redundancies with the offer of alternative … Continue reading
In the case of Malayan Banking Berhad v Mahkamah Perusahaan Malaysia & Anor  MLRHU 1, the High Court in Malaysia ruled that, in an action for unfair dismissal, a fixed-term contract employee may only claim back wages in relation … Continue reading