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Getting the Right Reason for Dismissal: Sekander v Rocketmill

Meredith Hurst Monday, April 16, 2018

One of the key elements of a fair dismissal is making sure the employee is dismissed for a potentially fair reason. That reason must also be the true reason for the dismissal – choosing the ‘wrong’ reason for dismissal can lead to problems down the line, as demonstrated in Sekander v Rocketmill, a case in which the employer dismissed for gross misconduct, when the real reason was the employee’s performance.

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Waiting a little longer – long term sickness dismissals

Meredith Hurst Friday, February 9, 2018

Dismissing employees on long term sick leave can be difficult. How long is an employer expected to wait? This is a vexed question, considered recently in O’Brien v Bolton St Catherine’s Academy

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Attitudes to organisational change – grounds for a fair dismissal?

Thursday, June 8, 2017

We look at employee attitudes to organisational change and whether this can be grounds for a fair dismissal.

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Uplift to Awards Under the ACAS Code

Tuesday, June 21, 2016

In a case in which an Employment Tribunal makes an award of compensation it has the power to increase compensation by up to 25% if it finds that there has been a failure to comply with the requirements of any relevant ACAS Code of Practice on the part of the employer. It may also decrease compensation by the same percentage amount if it finds an unreasonable failure to comply with a relevant Code by an employee. The power is set out under s.207A of the Trade Union and Labour Relations...

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What's on the horizon

Meredith Hurst Thursday, January 14, 2016

As another year begins, we reflect on past and future developments in employment law.

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