Archives for August 2018

Dismissal without a Right of Appeal is Almost Always Unfair

It is nearly always unfair to dismiss employees without affording them a right of appeal. The Employment Appeal Tribunal (EAT) made that point in the case of a pizza restaurant employee who was sacked in the mistaken belief that his right to work in the UK had expired. The competent, capable and well-regarded worker was…

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Which Motor Insurer Bears Liability? High Court Clarifies the Law

UK motor insurance policies cover the driver, not the vehicle, and disputes can arise if multiple insurers bear potential liability following an accident. In resolving one such disagreement, the High Court gave guidance that will provide invaluable in resolving many others in the future. The case concerned an accident in which a car left the…

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Whistleblowing – Information or Allegation? Guideline Ruling

Workers who disclose information in the public interest are entitled to protection as whistle-blowers – but what exactly qualifies as ‘information’ within the meaning of the Employment Rights Act 1996? The Court of Appeal has considered that issue in a guideline case. What happened? A local education authority employee claimed to have suffered detrimental treatment…

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Don’t Launch Employment Proceedings Without Legal Advice

Two reasons why you should always seek legal advice before launching employment proceedings are; that strict time limits apply and that a failure to properly focused your claims at the outset can results in all or some of them being dismissed without a hearing. A case concerning a Sales Executive who was dismissed shortly after…

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Employee Disloyalty- A Well Drafted Contract Makes All the Difference!

Every sensible business owner is aware that today’s trusted employee may become tomorrow’s competitor. However, as a High Court ruling showed, with the right legal advice and professionally drafted employment contracts, powerful steps can be taken to discourage disloyalty. The case concerned a company that specialised in providing sports-related tours and holidays. Following a breakdown…

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