The new TUPE Regulations have now been published, are currently before Parliament and due to come into force on 31st January 2014. There are some transitional provisions that will apply to information and consultation for small businesses and employee liability information but those involved in outsourcing, insourcing or sales/acquisitions of businesses need to get up […]
Contractual disciplinary policies
In December, the Supreme Court heard an appeal against the High Court decision of West London Mental Health NHS Trust v Chhabra. The Supreme Court agreed with the High Court that an injunction should be granted to prevent the Trust from proceeding with disciplinary action for gross misconduct. The allegation involved confidentiality concerns following a […]
What does redundancy mean?
Redundancy for the purposes of the reason for dismissal has a statutory meaning found in s139 ERA 1996. In simple terms a redundancy occurs where an employee is dismissed because his employer has ceased or intends to cease to carry on in business altogether or at that particular location. It can also occur where there […]
What is constructive dismissal?
This is a question that is frequently asked as cases where an employee resigns in response to their employer’s conduct are often called constructive dismissal. It is however still a claim for unfair dismissal and not a separate claim. In these cases, you have the additional burden of proving dismissal if you are an employee. […]
Claiming unfair dismissal
If you think you have been unfairly dismissed you should seek advice as soon as possible. There are time limits for bringing unfair dismissal claims before the Employment Tribunal of three months from the effective date of termination. In order to bring a claim for unfair dismissal, you need to have two year’s service with […]
What is unfair dismissal?
An employee has the right not to be unfairly dismissed by his employer under s94 of the Employment Rights Act (ERA)1996. Firstly, you must establish whether the employee has been dismissed within the meaning of s95 of the ERA 1996. Dismissal occurs where the employer terminates the contract with or without notice, non-renewal of a […]