Employers face paying more than the statutory cap for unfair dismissal compensation in some cases, following a ruling of the Scottish EAT in Dafiaghor-Olomu v Community Integrated Care.   The statutory cap on unfair dismissal compensatory awards (the lower of 52 weeks’ pay and, currently, £93,878) applies to the overall assessment of compensation after ‘taking into … Read more

Employers would be well-advised to comply with the procedural steps set out in the Acas Code of Practice on Disciplinary and Grievance Procedures when dismissing, unless they can be confident that the tribunal will accept that the reason for dismissal is not within the ambit of the Code.  The Acas Code explicitly excludes dismissals on … Read more

In a recent District Court decision C v The Chinese University of Hong Kong [2022] HKDC 77, the Court considered whether the University’s decision to discontinue the studies of a student, C, who suffered from mental health conditions, was discriminatory. This case provides helpful guidance on navigating employment decisions, such as whether dismissal or disciplinary … Read more

The recent tribunal ruling in Jones v JP Morgan Securities plc illustrates how a financial services employer’s position on providing a regulatory reference could influence the likelihood and nature of a tribunal order to re-engage an employee who has been unfairly dismissed.  It is also flags the possibility of an order being made to procure … Read more

Employers should tread carefully where an employee raises a grievance but is unwilling to progress it formally.  This can be understandable and not uncommon in relation to bullying or harassment allegations, and sensitivity is required in handling such cases.  However, in other contexts, it may well be unreasonable for an employee to raise numerous complaints … Read more

In some cases it may be prudent for an employer contemplating dismissal to discuss with the employee whether they would abide by a final warning.  This will of course depend on the nature and seriousness of the original misconduct and the surrounding circumstances, but it is worth building a check into the disciplinary process at … Read more

The statutory Acas Code of Practice on Disciplinary and Grievance Procedures requires employers to offer employees a right of appeal for misconduct or poor performance dismissals;  a failure to do so will render the dismissal unfair in addition to potentially increasing the compensation awarded.   The fact that the Code expressly does not apply to redundancy, … Read more

In a decision dated August 31, 2021, the Upper Tribunal (Tax and Chancery Chamber) (the Upper Tribunal) dismissed a reference made by a financial adviser who had been prohibited by the Financial Conduct Authority (FCA) following non-financial misconduct. The FCA had found that Jon Frensham was not a fit and proper person in a decision … Read more