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

Our September update covers the following: upcoming changes in Singapore, including workplace discrimination and the requirement to notify the Ministry of Manpower of any retrenchments (a change from the previous requirement to notify after 5 employees had been made redundant in a six month period) – see here changes to the PRC social security regime for … Read more

Discovery Health’s Head of the Centre for Clinical Excellence, Doctor Noluthando Nematswerani, said “Long COVID affects every aspect of life, it affects one’s mental health and one’s ability to focus and work, and could have economic consequences too. This is why it’s so important that we acknowledge the prevalence and growing awareness around Long COVID.” … Read more

On 2 September 2021, it was reported that Discovery, South Africa’s largest medical scheme administrator, will make COVID-19 vaccinations compulsory from the start of 2022. The report notes that the mandatory vaccination policy recognises an employee’s right to object to the vaccination and will include a process to consider the employee’s health, religious and other … Read more