R (on the application of Bakhsh) v Northumberland Tyne & Wear NHS Foundation Trust FACTS Mr Bakhsh was employed as a mental health nurse by Northumberland Tyne & Wear NHS Foundation Trust from 1998 to 2008. He was dismissed in 2008 and   More...
03 September 2012 10:33

If, following a thorough investigation and a fair disciplinary hearing , an employer concludes that disciplinary action is needed, it should ensure that its decision on what sanction to impose is fair and reasonable in the circumstances.   More...
29 August 2012 16:30

As the private sector continues to battle Britain's economic woes and jobs are shed on a weekly basis, a growing number of employees - often those whose jobs are on the line - are looking to set up on their own. For businesses that employ staff with an   More...
24 August 2012 15:07

Many employers continue to be incredibly nervous when navigating the myriad of potential legal issues surrounding maternity and the existence of various employment law myths simply add to the confusion. Examine each of the below statements and   More...
24 August 2012 07:31

When inviting an employee to a disciplinary or grievance hearing, the employer should inform the worker of his or her statutory right to be accompanied during the following hearing. Employers should ensure that they understand the rules on allowing a co  More...
23 August 2012 14:26

Executive pay has received significant attention over the last 12 months and the Department for Business, Innovation and Skills has consulted extensively on further regulation of director pay in quoted companies. Draft revised remuneration reportin  More...
23 August 2012 09:44

Mitchells of Lancaster (Brewers) Ltd v Tattersall FACTS Mitchells of Lancaster (Mitchells) is a brewer and owner of public houses. Mr Tattersall was employed as its property manager from 1998 until his dismissal in October 2010. Mr Tattersall was  More...
20 August 2012 16:55

Having a good grievance procedure is important as it allows employers the opportunity to resolve workplace issues early, saving them from the breakdown of employment relationships and, ultimately, tribunal claims. We look at the key steps to carrying  More...
20 August 2012 13:23

The economic downturn has led to a rise in unemployment and an associated increase in competition for jobs, as well as an increase in workload and pressure on workers. Together with developments in technology, such as wi-fi and smartphones, this has led  More...
20 August 2012 10:48

A tribunal has struck out a claim of belief discrimination from a violinist in the London Philharmonic Orchestra (LPO) who was disciplined after publically protesting against the Israel Philharmonic Orchestra (IPO) performing at the 2011 Proms. Sara  More...
20 August 2012 09:00

In NHS Leeds v Larner [2012] , the Court of Appeal has held that a worker who was unable to take four weeks' annual leave due to sickness did not have to make a request to carry it over into the next holiday year for her to receive a payment in l  More...
15 August 2012 09:53

The UK tends to follow US trends and, as recent statistics suggest, it is becoming increasingly common for US recruiters to review candidates' social media profiles before offering a job, so now is a good time to get to grips with what you can and can't  More...
13 August 2012 15:04

If, following an investigation , an employer decides that there is a disciplinary case for an employee to answer, then a disciplinary hearing should be arranged. It is important that the employee is given the chance to put his or her case forw  More...
10 August 2012 11:36

Employment solicitor Zoe Bedford considers the implications of recent case law relating to sickness during annual leave. In a timely case - given that the holiday season is upon us - the European Court of Justice (ECJ) in ANGED v FASGA and others   More...
08 August 2012 09:24

Seawell Ltd v Ceva Freight (UK) Ltd and another FACTS Ceva is a freight forwarding and management logistics business. Ceva employed Mr Moffat as a logistics coordinator at its warehouse in Dyce. The workforce at Dyce was organised into two  More...
07 August 2012 14:32

A London-based retailer forced a Muslim employee to resign after she wore a headscarf to work, because it wanted to retain its "trendy" image, an employment tribunal has ruled. Ms Farrah brought a claim for unfair dismissal and direct religious discr  More...
07 August 2012 10:24

Government back-to-work schemes that require jobseekers to work in unpaid work-experience placements have been ruled lawful, after an unemployed graduate took her case to the High Court claiming a violation of human rights legislation. Caitlin Reill  More...
06 August 2012 12:11

The Health and Safety Executive (HSE) has launched a consultation on proposals to simplify and clarify the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). Under the proposals, the duty to report injuries or illness wi  More...
06 August 2012 10:56

The total compensation awarded in discrimination cases in 2011 reached a record high of just under £9 million, primarily due to two NHS cases that paid out nearly £5.5 million between them. This is according to a survey by the Equal Opportuniti  More...
03 August 2012 15:03

A reasonable investigation is a vital part of a fair disciplinary procedure. Taking time to establish the facts behind disciplinary allegations can help to ensure that employees feel they are being dealt with fairly and could ultimately save employers f  More...
02 August 2012 15:22