Termination of employment

UK: fairness of whistleblowing dismissal depended on knowledge of decision-maker, notwithstanding manipulation by line manager

The Court of Appeal has overturned the EAT ruling in Royal Mail v Jhuti, although a further appeal has been filed.  The EAT had ruled that the reason for a dismissal can be the employee’s whistleblowing, even where the decision-maker … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Whistleblowing

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 … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

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 … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

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 … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

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, … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

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 … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

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, … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

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 … Continue reading

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Filed under Jurisdiction: France, Termination of employment

Asia: Post-employment covenants

Although often included in employment contracts, the enforceability of post-employment non-competition obligations can vary greatly from jurisdiction to jurisdiction.

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Filed under Jurisdiction: Asia, Jurisdiction: Australia, Protection of business interests (including restrictive covenants and confidential information), Termination of employment

Singapore: Focus on fixed-term employees

On 31 July 2017 the Tripartite Alliance issued the Tripartite Standard on Employment of Term Contract Employees (First Standard), (Tripartite Standards). The Tripartite Standards are the first of five new standards seek to encourage fair and progressive labour practices in … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks), Workplace flexibility and family-friendly rights