Employers can rely on a current prior warning to support a dismissal for misconduct which would not justify dismissal on its own, even where the two instances of misconduct are not similar.  This is particularly so where the terms of the warning make it clear that any further misconduct of any nature could result in further … Read more

Employers should not assume that they have the right to restrict an employee's freedom to express views on social media where these concern personal beliefs and do not have a work-related context (such as being about the employer or work colleagues). An employee's explanation of his views on gay marriage on his Facebook page was not work-related. … Read more

The Court of Appeal has overturned a High Court decision (see here) on the scope of a compromise agreement indemnity for legal costs in defending proceedings as a result of his job, ruling that this was not limited to the lawful responsibilities of the employee’s post and would apply to alleged crimes committed while performing … Read more

The UK government has published its response to a consultation paper on the Chancellor's proposal for a new employment status, previously "employee owner" but to be renamed "employee shareholder". To obtain this status, individuals would give up some employment rights in exchange for capital gains tax (CGT) exempt shares in their employer. The Growth and Infrastructure … Read more

On 5 October 2012, two of the leading political parties lodged a constitutionality challenge to the Spanish Constitutional Court against the Labour Reform Act 3/2012 ("Act 3/2012"). The challenge was admitted on 5 November 2012, but no decision has yet been rendered. The Spanish Constitutional Court has, nevertheless, already rejected a constitutionality challenge, lodged on … Read more

  The Full Bench of Fair Work Australia has dismissed Linfox’s appeal against the reinstatement of an employee who was terminated for misuse of social media.1 While this decision provides a limited framework for assessing the severity of social media misuse, it potentially raises the bar for employers seeking to terminate an employee for social … Read more

The Government's position on a number of employment law reform proposals became a little clearer this month with the announcement of two new consultations, on termination and tribunal rules. The consultation on "Ending the employment relationship" seeks views by 23 November 2012 on: Read more

The Government Response on the call for evidence on dismissal has been published and confirms that: the “no fault dismissal” idea floated in the Beecroft Report has been formally dropped; there will not be any major changes to the Acas Code on Discipline and Grievance.  Acas has been asked to consider how performance and disciplinary … Read more