UK: failure to offer appeal against redundancy/SOSR dismissals is not inevitably unfair

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

UK Covid-19: “work from home” guidance continues to 19 July; recent tribunal cases highlight issues for employers planning return to the workplace

Yesterday evening saw the postponement of ‘Freedom Day’ and the continuation of the ‘work from home if possible’ guidance until 19 July.  The news is disappointing for all and economically challenging for many, particularly given that it seems there will not be any delay to the requirement for employers to contribute 10% to furlough pay … Read more

UK Covid-19: round-up of recent changes for employers

Below is a round-up of key Covid-related developments for employers over the last six weeks: The Prime Minister has just confirmed that Step 3 of the roadmap for relaxing the Covid-19 restrictions will go ahead on Monday 17 May as planned.  The Prime Minister had earlier confirmed plans to lift the ‘work-from-home’ guidance for England … Read more

UK: historic acts of discrimination may render constructive dismissal discriminatory

The EAT has confirmed that a claim that an employee’s constructive dismissal was discriminatory will be in time if brought within three months of the termination, even if the events that rendered the dismissal discriminatory took place more than three months earlier (and therefore as individual claims would themselves be out of time).  The ‘last … Read more

UK: EAT rules that connected disciplinary investigations do not need to be ‘sealed off’; dismissal for employee covert surveillance may be unfair

The EAT ruling in Northbay Pelagic Limited v Anderson makes clear that it will not always be fair for an employer to dismiss an employee who has set up covert surveillance at the workplace.  Here, the employee was a director who had reason to suspect that someone had entered his personal office and accessed his computer; … Read more