UK: No contractual damages for manner of dismissal

The Supreme Court has ruled that employees are not entitled to claim contractual damages for the manner of dismissal, whether in relation to a breach of an express disciplinary policy or breach of the implied term of trust and confidence. Where there is the potential for findings of misconduct to cause reputational damage and therefore … Read more

UK: Proposals for change – protected conversations, abolition of unfair dismissal, working time opt-outs

Rumours of a number of proposals being considered by the Government have been published by the press.  Nick Clegg is reported to have suggested that conversations between employer and employee about performance and retirement plans should be protected so that employees cannot use them in subsequent litigation.  A leaked government report is apparently also suggesting … Read more

UK: Withdrawal of notice not permitted simply because of mistake

An employer cannot  unilaterally withdraw a notice of termination simply because it mistakenly expected the employee to agree to proposed new terms as a self-employed contractor.  Employers negotiating changes to the terms of an individual’s engagement should ensure agreement is reached before taking steps to terminate the employment. (CF Capital v Willoughby, CA) Read more

UK: Unfair dismissal cases – new listing policy for expedited hearings

Under a new judicial listing policy, standard unfair dismissal cases will now be listed for a one-day hearing to be heard within 16 weeks.  Standard directions will require parties to exchange documents six weeks after the claim is issued,  with preparation of an agreed bundle by the respondent two weeks later and the exchange of … Read more

UK: References – care needed when referring to un-investigated allegations

In giving a reference for an ex-employee, an employer can refer to allegations of misconduct or poor performance that were not investigated due to the timing of the employee’s departure, provided the reference makes clear that the allegations have not been investigated and that no assumptions should be made about what the outcome would have … Read more

UK: Government plans – unfair dismissal and tribunal fees

The Chancellor has announced that the qualifying period to claim unfair dismissal is to be increased from 1 to 2 years with effect from April 2012. It is unknown whether the Government has analysed relevant statistics to rule out the possibility of challenging this increase on grounds of indirect discrimination. Employers may fear that it … Read more