Polkey v AE Dayton Services Ltd [1987] UKHL 8 – Law Journals

Furlough scheme: Recent cases highlight importance of considering alternatives to redundancy

Sarah Evans examines two decisions on whether it was fair to make employees redundant instead of furloughing them and the wider lessons for employers making redundancies as the CJRS closes The distinguishing feature of these two cases, and a clear reminder to employers, is that a failure to consider an alternative to redundancy, whatever that …

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The Year Ahead: 2017 and all that

Will Hampshire and Richard Kenyon outline ten key developments that the next 12 months have in store for employers and their advisers ‘In 2017, we can expect more disruption as new technology and employment rights collide within the arena of the national and international political battles to come.’ Back at the beginning of the 19th …

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Unfair Dismissal: SOSR terminations require a proper procedure

Helen Cookson analyses a recent EAT case concerning dismissal for misuse of public funds ‘A lesson for employers and their advisers when dealing with a SOSR situation is that although they may not be obliged to follow their disciplinary procedure they should, at the very least, follow a procedure that that meets natural justice requirements.’With …

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Sex Discrimination: No protection for post-natal depression

Mark Kaye discusses a recent EAT decision on the dismissal of an employee who continued to take sickness absence after her maternity leave ended ‘The EAT found that although she had been treated unfavourably because of an illness which was related to her pregnancy, such treatment took place outside the protected period.’ It is not …

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Misconduct: Suspension should not be automatic

The Court of Appeal has criticised employers for suspending employees as soon as a complaint is made, without considering whether this is really justified, write Andrew Granger and Chris Cooper ‘Once an allegation has been made, an employer is under a duty to think twice before suspending the employee concerned.’ A recent Court of Appeal …

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Redundancy Selection: Do employers need a bigger pool?

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The EAT has recently looked at whether a selection pool of one is a fair way of making employees redundant, report Dan Aherne and Hannah Shribman ‘One of the key elements of a fair redundancy process will be the identification of appropriate selection pools.’ This article focuses on the construction of selection pools in light …

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Sex Discrimination: Special treatment was too special

The EAT has ruled that by not selecting an employee who was on maternity leave for redundancy, an employer disadvantaged her colleague instead, reports Gemma Rusling ‘If a woman who is pregnant or on maternity leave has been treated disproportionately more favourably than is reasonably necessary to compensate her for the disadvantages that arise from …

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Immigration Status: No green light to dismiss

James Humphery analyses a recent ruling on whether it was fair to dismiss an employee in the mistaken belief that she was working illegally ‘It will be dangerous for an employer to adopt the simple practice of erring on the side of caution by dismissing employees whose immigration status appears unclear. This might be to …

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