UK: dismissal for failure to produce right to work documents could be unfair

The EAT decision in Baker v Abellio London UK serves as a reminder that it is not a statutory requirement for an employer to obtain right to work documents from its employees (the production of such documents only provides a defence to employers should they engage an illegal worker), and therefore dismissal of an employee … Read more

UK: duty not to mislead employee as to reason for dismissal

In Rawlinson v Brightside Group, the EAT held that the duty of trust and confidence includes an obligation on an employer not to deliberately mislead an employee as to the real reason for dismissal.  In that case, the employer decided to dismiss an in house legal counsel due to his poor performance; rather than go … Read more

UK: over-thorough investigation did not render dismissal unfair

In NHS 24 v Pillar, the EAT has ruled that an over-thorough investigation will not of itself render a dismissal unfair.  It is for the decision-maker to decide what is relevant to their decision, and it is their state of mind that will determine whether dismissal was within the range of reasonable responses.  The reasonableness … Read more

Germany: Employers can dismiss employees with shares in competitors

Under German law, an employee having a major influence on a competing company can justify a termination for good cause with immediate effect of an employee. In a recent judgement in April 2017, the Higher Regional Labour Court of Schleswig Holstein decided that holding 50% of the shares in a competing company without obtaining prior … Read more

Hong Kong: When can an employer dismiss summarily?

Employers have a range of options at their disposal for dealing with disciplinary matters, from informal verbal warnings through to summary dismissal (i.e. dismissal without notice or payment in lieu). Summary dismissal is not something which should be taken lightly, as it is not always easy for managers and HR professionals to know where a … Read more

UK: Employer’s duty of trust and confidence – caution needed before suspending to investigate alleged misconduct

A recent High Court ruling serves as a reminder to employers not automatically to suspend an employee accused of misconduct while an investigation takes place. Employers should first seek the employee’s response to the allegations and consider whether suspension is actually necessary in order to carry out a fair investigation (or for other legitimate reasons) … Read more

China: Termination of employment for violation of professional ethics

A recent Interpretation issued jointly by Beijing Higher People’s Court and the Beijing Labor Dispute Arbitration Commission on 24 April 2017 suggests that, in Beijing, it may be possible to terminate an employee for a violation of professional ethics. However, this ground will apply only in rare circumstances. Read more

France: The Loi Travail – Briefing 1

This is the first of our detailed briefings in relation to the Macron labour law reforms and will cover the subject of caps on tribunal damages. Budgeting for a dismissal? This is one of the reforms which has generated the most press interest and challenges by the trade union representatives. The key points to note … Read more