Employment Law Explained

Category Archives: unfair dismissal

C’Mon Everybody … Do the Harlem Shake

Posted on 20/03/2013 by Michael Scutt • 2 Comments

CMon Everybody ... Do the Harlem Shake unfair dismissal news

What do an Oxford Librarian, a school teacher and a group of miners in Western Australia have in common?

Answer: they’ve all been sacked for performing the Harlem Shake at work.

The Harlem Shake, m’lud, is the latest You Tube craze in which groups of people dance in a wild, unco-ordinated fashion, in fancy dress,  to a piece of music by a fellow called Baauer. It’s not to be confused with the song “Harlem Shuffle” by the Rolling Stones, a band with whom you might be familiar m’lud.  Yes, you may have seen it at the English National Ballet, m’lud.

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Filed Under: News, unfair dismissal

Should I Involve the Press?

Posted on 01/02/2013 by Michael Scutt • 0 Comments

Should I Involve the Press? unfair dismissal

One issue that clients often raise is whether they should involve the media when they get into dispute with their (former) employer. My usual response is that it is not helpful to do so.  The media has its own agenda and what might seem like a good way of heaping pressure on an employer, can backfire. There’s always more than one side to every story and while it might be gratifying to see the Press door-stepping your former boss, I doubt it is as pleasant when it’s your own doorbell they’re pushing.

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Filed Under: unfair dismissal

No Consultation Always Equals Unfair Dismissal?

Posted on 13/11/2012 by Michael Scutt • 1 Comment

Can a redundancy without any warning or consultation ever be a fair dismissal?

In most cases the result will be an unfair dismissal.  However, in the case of Ashby v JJB Sports PLC the employer was held to have acted fairly in not warning or consulting Mr Ashby about his redundancy.

The facts were fairly specific so most employers would be well advised not to try and rely on this case.

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Filed Under: Redundancy, unfair dismissal

Employment Reforms: Back to the Future?

Posted on 14/09/2012 by Michael Scutt • 2 Comments

backto thefuturedownload Employment Reforms: Back to the Future? unfair dismissal employment law reform 2

 

The Government today announced reforms of employment law. After all the consultations, leaked reports and speculation we finally know what the government intends to do to reform employment law so as to stimulate the economy and “give firms more flexibility and confidence in managing their workforce and to reduce employment law red tape.”

So, to try and reach this state of nirvana the government proposes to consult on (yes, consult, not introduce)

  • Introducing settlement agreements “to help end employment relationships in a fair and consensual way” (umm, isn’t this what compromise agreements do?). ACAS will produce a new Code of Conduct.
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Filed Under: Employment Law Reform, unfair dismissal

Death in Service: Who Benefits?

Posted on 10/08/2012 by Michael Scutt • 0 Comments

benefitimages Death in Service: Who Benefits? unfair dismissal

 

One of the most valuable employee perks around is death in service benefit. It’s a form of life insurance and pays out if an employee dies whilst employed by that business. The benefit is provided by an insurance company as a stand alone policy or it might be part of the company’s occupational pension scheme.

Usually it will pay three or four times salary to the estate of the deceased employee and because it can usually be nominated into trust to a recipient it can pass outside the deceased’s estate for IHT purposes. It’s therefore worth having.

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Filed Under: unfair dismissal

But it’s only Banter …

Posted on 09/08/2012 by Michael Scutt • 1 Comment

 

Don’t you just love it? Whenever dodgy or discriminatory words are used in the workplace and the whole sorry episode comes to be repeated (or replayed) in a disciplinary hearing, or (worse still) an ET, the stock excuse comes out: “it was only banter”, “I was only joking, nothing was meant by it”, which is roughly on a par with “the dog ate my homework, miss”.

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Filed Under: unfair dismissal

Redundancy – Have You Got The Right Pool?

Posted on 23/02/2012 by Michael Scutt • 0 Comments

selectionpoolimages Redundancy – Have You Got The Right Pool? unfair dismissal redundancy

 

We see a lot of employees who are being made redundant.  One of the issues that comes up time and time again is why they were selected.  Unless the role is unique then, usually, a selection pool is necessary to decide how to select the unlucky people for redundancy.  The composition of that pool can cause problems, such as was the case in Capita Hartshead Ltd v Byard, an EAT case, where the selection pool comprised one individual.

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Filed Under: Redundancy, unfair dismissal

The Long Arm of (Employment) Law Just Got Longer?

Posted on 14/02/2012 by Michael Scutt • 1 Comment

 

 

 

herriman 071201 3 295x300 The Long Arm of (Employment) Law Just Got Longer? unfair dismissal

 

Just how far does the long arm of the Employment Tribunal stretch when considering unfair dismissal? Last week the Supreme Court gave its Judgment in the case of Ravat v Halliburton Manufacturing and Services Ltd and the answer may well now be that the reach of the ET has just got longer.  S.94(1) of the Employment Rights Act 1996 provides that an employee has the right not to be unfairly dismissed. This does not present problems where the employee is working in Britain. However, it becomes an issue if the employee is working overseas.  In what circumstances can an employee claim protection under British law not to be unfairly dismissed?

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Filed Under: unfair dismissal

Review of 2011 – Radical Reforms, Unprotected Conversations & More

Posted on 21/12/2011 by Michael Scutt • 0 Comments

images.OFT Review of 2011 Radical Reforms, Unprotected Conversations & More unfair dismissal social media redundancy

As the wheels fall off time’s winged chariot and Old Father Time is evicted from his nursing home;

And as the Partygoer of Unquenchable Thirst  prepares to meet the Office Party of Bitter Experience, it’s that time of the year again: the annual review.

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Filed Under: Redundancy, social media, unfair dismissal

Are They Having a Protected Conversation?

Posted on 01/12/2011 by Michael Scutt • 0 Comments

 

 

84393 SMJPG 20111130171802462 Are They Having a Protected Conversation? unfair dismissal practice procedure

Last week the government announced various plans for reforming employment law. I’ll be writing about them shortly…

I wonder if the employee above has just been made aware of his “Compensated No Fault Dismissal” package?

 

 

 

 

 

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Filed Under: Practice & Procedure, unfair dismissal