May 2017 #180 – Law Journals

Ill-Health Dismissals: Waiting game

The Court of Appeal has recently considered whether an employer should postpone dismissing an employee on long-term sick leave who suddenly claims they are fit to return. Lorna Scully reports ‘An employer must assess each decision it takes under a sickness absence procedure and justify it as a proportionate means of achieving a legitimate aim.’In …

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Misconduct Dismissals: Lessons from three recent cases

Rebecca McGuirk and Anna Scott outline how to carry out a fair dismissal in light of recent case law ‘A failure to follow the designated procedure is one of the most common reasons why employers lose unfair dismissal claims, even where the dismissal should be justifiable.’ Employers dealing with misconduct should always tread with caution. …

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Whistleblowing: True or false?

Employers need to take care before they discipline someone for knowingly making a false disclosure, warns Christopher Tutton ‘The whistleblower must have a “reasonable belief” that the malpractice has occurred or may occur. This means that their concerns do not have to have been correct for them to be protected.’ Whistleblowing has been in the …

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Legal News: Employment update

Adam Hartley rounds up recent case law and developments affecting employers and their advisers ‘If a dress code is discriminatory, the government considers that scope for redress already exists under the Equality Act 2010, which prohibits both direct sex discrimination and victimisation. However, it says that the Government Equalities Office will produce guidance on dress …

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Indirect Discrimination: Theirs not to reason why

The Supreme Court has ruled that claimants do not need to prove why they have suffered group disadvantage for their indirect discrimination claim to succeed, write Joanna Chatterton and Ed Livingstone ‘It is commonplace for employers to have assessments or other pre-requisites which employees need to satisfy before they can be considered for promotion. Employers …

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Corporate Governance: Fresh moves to curb executive pay

Alex Beidas analyses the latest proposals for large businesses to be more transparent over executive pay and to improve boardroom diversity ‘The committee believes that consulting workers throughout an organisation is vital to improving trust and support.’ The Business, Energy and Industrial Strategy Select Committee published its report on corporate governance reform on 5 April. …

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Termination: When does notice of dismissal take effect?

An employee’s contract will usually specify the period of notice they are entitled to receive if they are dismissed, but when does the notice period start to run? Phil Allen looks at a recent Court of Appeal judgment ‘For an employer to be certain that it has given notice effectively, it must ensure that the …

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