Natalie Salunke, Head of Legal, Europe at Fleetcor, and a millennial herself, has written an article on this topic. ‘Millennial’ is a term used to describe the generation born between the early 1980s and the late 1990s. Whilst recognising that everyone is different, Ms Salunke offers her views on how to get the best out […]
New holiday pay guidance
The Department for Business, Energy and Industrial Strategy has published new holiday pay guidance. The guidance was issued after a survey revealed an ‘alarming lack of awareness’ about holiday pay. The survey showed that half of workers thought that those on zero hours contracts were not entitled to holiday pay. More than half thought they […]
Confidentiality clauses
The government has launched a consultation on preventing the misuse of confidentiality clauses in harassment and discrimination situations. These non-disclosure agreements (NDAs) can be a useful tool for employers in settling disputes whilst preventing reputational damage. The government wants to clarify how far NDAs can go. It wants employers to say explicitly in agreements that […]
Disciplinaries and criminal proceedings
In professional misconduct cases, a criminal investigation often sits alongside a disciplinary investigation. Employers do not want to wait for the outcome of the criminal case before concluding disciplinary proceedings, especially when the employee is suspended on full pay. The Court of Appeal looked at this issue in North West Anglia NHS Trust v Gregg, […]
Constructive dismissal
In order to suspend an employee fairly, an employer must have reasonable and proper cause for doing so. If not, suspension could breach the implied term of mutual trust and confidence and create a constructive dismissal. In London Borough of Lambeth v Agoreyo, the Court of Appeal looked at the decision to suspend a teacher […]
Final written warnings
An employee can be fairly dismissed for misconduct (rather than gross misconduct) if they already have a final written warning in place. In Beattie v Condorrat, the Employment Appeal Tribunal considered whether a final written warning could be valid if it was given without conducting a full investigation. The employee was a bar steward in […]