Right To Be Accompanied

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Employees have a statutory right to be accompanied by a work colleague or trade union representative at formal disciplinary and grievance hearings. We outline below what this right entails and the obligations you must fulfil as an employer to avoid the risk of potential claims.  When does the right to be accompanied apply? The statutory […]

What Is A Protected Conversation?

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Employment law can be something of a minefield, and it’s always beneficial to understand how specific legal regulations and scenarios could impact your business. For HR teams and company owners, the prospect of being accused of unfair dismissal is daunting, even if you have followed best practice and acted fairly. Claims can drag on for […]

NHS Trust HR Manager Unfairly Dismissed

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Last month, an accomplished HR manager at a ‘mega-merged’ NHS trust won her claim for unfair dismissal. The trust was restructuring as part of Mid and South Essex University Hospitals Group. This result is in spite of the fact that the manager, Cathrona Leeke of Mid Essex Hospital Services NHS Trust failed to apply for […]

What Is Gardening Leave?

What Is Gardening Leave?

Gardening leave Gardening leave is a business term that is often surrounded by ambiguity but is actually fairly easy to understand and comprehend. When utilised under the right circumstances, it is a tool that can be used by the employer to protect their business interests during the transitional phase of losing an employee.Still a little […]

What Is Gross Misconduct?

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Gross misconduct is a serious act of misconduct by an employee which can justify their dismissal without notice. It includes behaviours, ranging from the unprofessional to the unethical, all of which fall short of the standards set out in company terms and conditions of employment. Gross misconduct can include events that happen not only at […]

The Last Straw Argument

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Constructive dismissal is when an employee resigns in response to their employer’s conduct. There are many things which can give rise to a constructive dismissal situation, obvious examples include: Asking employees to do something illegal; Being abusive toward employees; Failing to pay employees on time without good reason. Ultimately, if an employee can prove that […]

Unfair Dismissal Claim Rejected For Arriving A Day Late

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An employment tribunal rejected an unfair dismissal claim after it was submitted one day too late. Wendy Suddes was released from her role as the north of England Regional Manager by the British Horse Society.  She claims that her dismissal caused her to suffer from stress, which then made it difficult for her to cope […]

Constructive Dismissal Advice Guide for Employers

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Constructive Dismissal Constructive dismissal describes when employees resign in response to a serious breach of contract by their employer which undermines the employment relationship. If the employee has sufficient length of service, they can then pursue a claim for unfair dismissal.Claims for constructive dismissal are often hard to win. However, if the employee is successful […]

Wrongful Dismissal

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What is a Wrongful Dismissal? A wrongful dismissal occurs when the terms of the employee’s contract are breached in the dismissal process. A wrongful dismissal claim can arise out of an actual or constructive dismissal. The difference between wrongful and unfair dismissal It is important to distinguish between a wrongful dismissal and an unfair dismissal. […]