In today’s article, we will examine what happens when an employer unfairly sacks an employee, which is known as unfair dismissal. You can read our fair dismissal article, which explains the circumstances in which your employer can dismiss you fairly, by clicking here. While employers are allowed to dismiss (also known as sack) their […]
Tag Archives: Employment
Fair dismissal – when is an employer allowed to dismiss an employee?
How can an employer dismiss an employee fairly? First, let’s demystify what ‘fair dismissal’ actually means. Fair dismissal should otherwise be simply referred to as a ‘dismissal’, which happens when an employer chooses to end an employee’s contract. In common parlance, it usually refers to someone being either sacked or fired. So, how can […]
Solicitor fired by immigration advice business due to direct race discrimination
An employment tribunal has ruled that a solicitor was fired by an immigration advice business due to her race. With immigration lawyers often representing some of the most marginalised people in society, it might seem surprising to see a case involving direct race discrimination against an immigration solicitor emerge. However, this is what happened to […]
OFSTED inspector unfairly dismissed after touching student – what lessons should employers learn from this case?
After an OFSTED inspector was dismissed for briefly touching a pupil’s head to wipe away some rain, the Employment Appeal Tribunal (EAT) has ruled that the dismissal was unfair due to a lack of disciplinary guidance and/or training. Compensation for unfair dismissal will be awarded at a later date. The case (Hewston v OFSTED) […]
Journalist who refused to use work app on personal phone wins unfair dismissal claim
An employment tribunal has ruled that an employee who refused to install a work app on her personal phone was unfairly dismissed. The installation of the app would have left the journalist unable to separate her work life and her home life, something she resisted against by refusing to have the app installed. Depending […]
New flexible working act becomes law – can I request flexible working from day one of employment?
Flexible working is now the norm for many employers and employees alike. With Covid lockdowns forcing many employees to work remotely, businesses across the world adapted and innovated to adjust to the new working environment. The UK has been somewhat of a global leader in this area, with a recent study showing that the UK […]
Lacoste’s handling of flexible working request found to be indirect discrimination against former manager
Although flexible working has been around for a while now, it reached a new level of prominence during the Covid-19 pandemic due to the need to alter working habits. Post-pandemic, employees and employers alike are continuing to favour flexible working more and more as a way to boost staff retention, work-life balance and also productivity. […]
What will the new flexible working legislation mean for businesses and employees alike?
The government has proposed new legislation which plans to give employees the right to ask for flexible working from day one at their first job. But what are the current rules around flexible working? And what exactly would the new legislation mean for both employees and employers? In addition to their plans to make […]
Supreme Court says part-year workers entitled to proportionally same holiday pay as full-time workers
A new ruling (Harpur Trust v Brazel) by the Supreme Court has favoured part-year workers and casual workers, opening the door to thousands of claims for compensation. The ruling says that these workers are entitled proportionally to the same holiday pay as full-time workers. It also found that the methods of calculating pro-rated annual leave […]
Is it sex-related harassment to call a man ‘bald’ at work?
Baldness is a fact of life for many men. While in some cultures it has been seen as a sign of wisdom, for many in the UK today it is a sensitive issue which sees thousands of men seek treatment for hair loss in an effort to retain a perceived sense of youth, virility, and […]
Are workers entitled to time off due to bereavement, and what types of changes to this issue are MPs fighting for?
Losing a loved one is undeniably difficult and can lead to serious emotional anguish, depressive thoughts and in some cases trouble dealing with everyday life. It can often be the lowest point in someone’s life, and wherever possible those around them should offer support and comfort to help them get back on track. When […]
Acas publishes new guidance on fire and rehire practices. What do they say and how might employers and employees be affected?
When it comes to running a business there are often ups and downs; one of the more significant negatives can be sizing down on staff. Of course, sometimes there are inescapable reasons for firing an employee that would not be up for debate, such as stealing from the company, behaving in an aggressive way to […]
How can employers promote straightforward vaccinations for their workers?
Vaccinations are essential to the end of the Coronavirus pandemic and the UK is making decent strides in getting its population vaccinated, with over 20 million people having already received their first dose. It is within everyone’s best interest that the pandemic ends sooner rather than later so that our economy, healthcare services and […]
Uber drivers no longer considered self-employed, Supreme Court rules! What employment rights are they now entitled to?
Uber has over 60,000 drivers in London alone, and operates in many other parts of the UK. Until last week these employees had been seen as self-employed sole traders, meaning that they only received payment when they were carrying a fare, were not entitled to holiday pay and were not guaranteed to earn above minimum […]
Non-competition restriction in employment contract unreasonable and void – Quilter Private Client Advisers v Falconer.
Written by Rosa Huang. When an employment is terminated, the employer runs the risk of losing of its business (or staff) before it had opportunity to strengthen relationships with customers who have been used to dealing with the departing employee. The risk may be significant especially when the departing employee was in […]
Gender Pay Gap Statistics for 2020 Revealed! What can we learn?
The Office for National Statistics (ONS) has published the latest report on gender pay gap statistics for 2020. There are some positives to take from the report, as it was found that for full-time employees, the pay gap fell 2.4% between April 2019–April 2020, and for all employees, the gap fell by 1.9% within the same […]
Employment Law Focus: In the eyes of the law, dismissal based on hearsay is unacceptable – even in serious circumstances!
It is reasonable for employers to want their employees to have clean criminal records for a variety of reasons, one major reason being the reputation of the business or institution they are responsible for. However, in the eyes of the law any dismissal made in response to an employee being at risk of having committed […]
Looking after the UK – Health and Care Visa to launch on 4 August
The Home Office have announced a new Health and Care Visa for foreign medical workers which will open for applications on 4 August 2020. Instead of thinking of this visa as brand new, it is better to think of it as a new pathway within the Tier 2 (General) visa route. Plus, it is […]
With COVID-19 still in Sight, Redundancy Wave has Arrived!
One of the major fallouts of the coronavirus pandemic is the effect it has had on people’s livelihoods and careers. At the start of the year many people in work would have assumed their place was relatively untouchable if they continued to work hard and fulfil the role they were brought on to do. However, […]
Furlough scheme set to wind down as national debt goes through the roof
At present, almost 8 and a half million people are on furlough, equating to a quarter of the total jobs in Britain. A quarter of company directors surveyed by the Institute of Directors say they would not be able to afford to pay even 20 per cent of the furlough scheme if required – […]
Home Office updates guidance once again for Sponsors
During the current situation with COVID-19 guidance around employee and employer sponsorship schemes are in a constant state of flux. The guidance has been updated yet again. The latest changes are as followed: Completing a visa application in the UK UK Visa and Citizenship Application Centres (UKVCAS) and Service and Support Centres (SSCs) […]
