An employer’s refusal to allow an employee to be accompanied to an investigation meeting by a representative from a professional defence organisation was held to be a breach of contract even though the representative was neither a Trade Union representative nor colleague.
The High Court has made a significant decision which will prevent exiting members of an LLP from avoiding restrictive covenants by alleging they had resigned in response to the employer’s breach of contract.
An injunction has been granted to require that a company withdraw its motions in a Massachusetts court against an employee domiciled in the UK.
An employer can fairly dismiss an employee for making derogatory comments on a personal Facebook account.
Workers on sick leave can choose to carry over their annual leave for up to 18 months after the leave year in which it accrued.
An employer’s decision to dismiss an employee summarily on grounds of gross misconduct was not a reasonable response to an employee’s failure to adhere to a new health and safety procedure. It was therefore outside of the ‘range of reasonable responses’ open to the employer, and it constituted an unfair dismissal.
In the context of the Information and Consultation of Employees Regulations 2004, an “undertaking” refers to a legal entity – i.e. the employer as a whole – rather than individual business units.
An employer’s claim that it failed to consult collectively because it was not aware that it was obliged to do so is no excuse, and protective awards (of up to three months pay per employee) remain payable in such circumstances.
A fairly conducted appeal is capable of remedying even serious procedural defects in the first part of a disciplinary process.
If a client instructs that an employee be removed from working on its contract which is set to transfer under TUPE, that employee will still transfer if the outgoing employer decides not to heed the instruction.
Peripatetic workers are considered ‘at work’ when travelling between their homes and assignments given to them by their employer.
An employee does not have an implied duty to disclose to his employer allegations made against him whilst working elsewhere.
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