Articles by ‘Gemma Ospedale’

Is the contractual termination date necessarily the same as the effective date of termination for the statutory purpose of claiming unfair dismissal? Not always :-

The CJEU has given judgment on whether employees/workers on zero hours contracts are entitled to holiday pay for periods when they are not working. While this may work for the particular employees in the case in question, it is debateable the extent to which the decision can be relied upon in the UK and much depends upon the wording of the contract.

Can an employer argue a claim for unfair dismissal cannot be heard in the Tribunal if, on appeal, it reinstates the employee so the dismissal is reversed and the employee reinstated? Not always :-

The application or otherwise of decisions made under collective agreement has been wending its way through the courts and has now got to the CJEU. The Advocate General gives a (not very helpful) Opinion :-

It is a well known principle that, where a dismissal which is found to be unfair because of a procedural failing would have been fair had a proper procedure been followed and the individual dismissed, a Tribunal may reduce the award of compensation to the period of time a fair procedure would have taken. However a Tribunal which looks at the wrong aspect of the procedure in determining the award may have its decision overturned in the EAT :-

In what circumstances is a severance package which provides for a higher payment to older staff than younger not discriminatory on the grounds of age?

Can an employer take into account a final written warning in a decision to dismiss? And what should a Tribunal look at in determining whether this is reasonable?

Many employers enter into contracts with third parties, their clients, for the provision of services. Sometimes the contract between the client and the employer contains a provision requiring the employer to remove one or more member of the employer’s employees for a given reason – or, sometimes, for no reason at all. If the employer is unable to find any other work for the employee, is a dismissal in these circumstances fair or unfair? The EAT has given an interesting judgment on just this issue :-

The High Court gives yet another judgment on issues arising from Facebook communications, this time on the topical issue of gay marriage :-

Rebutting the argument for a higher “reasonable responses” test of an employer’s actions where Article 8 of the European Convention on Human Rights is engaged, the Court of Appeal sets out what is required for a reasonable investigation and disciplinary process and outcome :-

News The Enterprise & Regulatory Reform Bill has commenced the report stage in the House of Lords. 

Certitude is a charity based in Balham which runs mental health and learning disabilities social care services.