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.
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Employers tend to assume that discretionary payments are, well, discretionary. What some employers do not realise is that it may be possible for discretionary payments to become implied into an employee’s contract by way…
The recent case of Newbury v Sun Microsystems highlights the need for employers to set out offers in clear terms when negotiating a settlement.