Whether as a result of protected conversations, disciplinary or capability processes, grievances or tribunal proceedings, as an employer you may find yourself engaged in ‘negotiations to settle’ with current or former employees. Employees may allege that they have suffered an “injury to feelings” as a result of what they see as unlawful treatment, and settlement monies may be apportioned between financial losses, legal fees, and pre- and post-termination injury to feelings, to take advantage of the tax rules.
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Articles by ‘Lauren Harkin’
Many employers now have a policy which makes it clear that drinking alcohol at work, or being under the influence at work is an act of gross misconduct. The test for a ‘fair’ dismissal is that, following a fair investigation, the employer reasonably believes that misconduct has occurred, and dismissal is a reasonable sanction.
A couple of recent discrimination cases have dealt with employees who do not have a “protected characteristic” (age, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation or disability). These employees have alleged that they have been discriminated against because of their association with someone who does. This is called associated discrimination.
Regular readers of our bulletins will be fully aware of the long-running issue of what to include in holiday pay.
Do you remember the Woolworths and Ethel Austin case? It has been making its way through the courts for some time and we now finally have the European Court of Justice (ECJ) decision.
It was reported in the national news this week that the head chef at The Plough, Great Haseley near Oxford, who was recently sacked for refusing to work on Christmas day, has responded to his dismissal by posting derogatory comments from the pub’s own twitter page about the business.
There are important considerations for Schools when contemplating dismissing a member of staff when there are safeguarding issues. If, for example, a School is contemplating the dismissal of a member of their teaching staff on grounds of misconduct, if the allegations are proven and the individual is summarily dismissed, the consequence of that dismissal is likely to be that the individual will not work in their profession again.
We’re all familiar with Alan Sugar’s popular TV show the apprentice, and that inevitable moment at the end of the show when Sir Alan points his finger and utters the words “Your Fired!”. Lauren Harkin, associate in iur Employment team, looks at how easy it actually is to sack employees.
Employment law specialist, Lauren Harkin, has joined Withy King’s Swindon team as an associate. Lauren works closely with directors and HR decision-makers as well as employees on a wide range of employment issues. These…