UK: Budget 2018 announces NIC change delay and new minimum wage rates

An important announcement in the Budget for employers to note was the decision to delay by a further year the introduction of employer Class 1A NICs on termination payments over £30,000, until April 2020. There will also be changes to the availability of employment allowance in respect of NIC liability from April 2020 and to … Read more

UK: poor communication of successful appeal could itself amount to constructive dismissal

The Court of Appeal in Patel v Folkestone Nursing Home Ltd has confirmed that where an employee’s internal appeal against dismissal is successful, the effect will be to reinstate the employee with retrospective effect. The earlier dismissal will ‘vanish’ without any need for the employee to ‘accept’ this, preventing the employee from claiming unfair dismissal … Read more

UK: Care needed over dismissal timing when employee approaching two years’ service

The EAT has confirmed for the first time that an employee dismissed for gross misconduct in the week prior to accruing two years’ service will not gain unfair dismissal protection provided that the tribunal agrees that they have indeed committed gross misconduct. However, if the tribunal disagrees, the statutory minimum notice period will be added … Read more

UK: dismissal of trade union representative for misuse of confidential information automatically unfair

The Court of Appeal has ruled that the protection against unfair dismissal for taking part in trade union activities should be interpreted broadly and will not necessarily fall away where the activity involves misconduct. In Morris v Metrolink a trade union representative unlawfully retained confidential information that had been obtained without consent and sent to … Read more

UK: employers should offer internal appeal against dismissal

The case of Afzal v East London Pizza Ltd t/a Dominos Pizza highlights the importance of offering a right of appeal against dismissal. In that case the employer was justified in urgently dismissing an employee for failure to provide evidence of his continued entitlement to work in the UK on the basis that it genuinely … Read more