Pushed out the door? | What employers need to know about constructive dismissal

constructive dismissal

Not all dismissals involve an employer giving an employee their marching orders. In some cases, an act or acts committed by the employer creates such a hostile working environment that it makes it impossible for the relationship to continue. Get your FREE consultation In situations where an employee is effectively forced out, their resignation is […]

The dangers of tweeting for employers

Employees posting inappropriate social media messaging has implications for employers. Recent examples of misjudged posts by celebrities have demonstrated the importance of thinking before you tweet, and highlighted the implications for organisations. Last year, comedienne Roseanne Barr hit the headlines after she made a potentially offensive tweet in which she compared Barack Obama’s former aide […]

DISMISSAL | Fired because of politics?

politics at work

Given the current political climate, talk can often turn to politics. This can create healthy debate, or it can lead to fiery arguments. So what can employers do to ensure that politics doesn’t cause problems in the workplace?  Grievances As tempting as it may be to ban people from talking about highly divisive topics, such […]

TRIBUNAL NEWS | Failed drug test an automatic dismissal?

staff member fail drug test

A recent Employment Tribunal decision has shown the importance of not treating a positive drug test result as automatic grounds for dismissal. Employers need to properly investigate misconduct, consider all the evidence, think about all the circumstances of the case, follow their own internal procedures and refrain from pre-determining the outcome of a disciplinary procedure. […]

LOGISTICS | Dismissal for driving disqualification

driving while holding a mobile phone

One mistake in most jobs may not have major repercussions. But one mistake behind the wheel can cause a professional driver to become disqualified from driving.  It is up to a court to decide for how long a driver will be disqualified, taking into account the gravity of the offence. Irrespective of whether it happened […]

HR INFO | Can employers lawfully demote employees?

salary sacrifice

As an alternative to dismissal, an employer may consider other types of action, such as demotion.  Demotion generally involves a reduction of rank or seniority and in some cases, this can also mean a decrease in pay. But if you are thinking of demoting an employee, there are some risks you need to seriously think […]

Supreme Court rules on obligation to disclose

difficult conversation

Does a head teacher have to reveal a non romantic relationship with someone who has been convicted of making indecent images of children? This was at the crux of the case Reilly v Sandwell Metropolitan Borough Council. In this case, the Supreme Court held that it was fair to dismiss a head teacher for her […]

Written statement explaining reasons for dismissal

While it may be tempting to do a Lord Sugar and bark “You’re fired!” whilst jabbing your finger at an employee you’d be glad to see the back of, employees do actually have a right to be informed in writing of the reasons why they have been dismissed. Employees eligible for this written statement are […]

Employees behaving badly outside of work

Criminal Records

What employees do their in free time is normally none of your concern, but the game changes when you discover an employee has committed a criminal offence. Whether they have assaulted their neighbour, stalked an ex-girlfriend, committed criminal damage or been involved in a burglary or fraud scheme, you may be very worried. As their […]

Do your employees have proof of right to work?

right to work

You’re probably aware that there’s a legal duty for employers to ensure that their employees have the right to work in the UK. But what you may not know is how to carry out the check; the consequences of getting it wrong and what to do if an employee cannot provide documents to prove their […]