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Legal updates and news

2nd

June

2014

Constructive unfair dismissal clarification

Constructive unfair dismissal is a topic which strikes fear into many employers’ hearts.  Usefully, the Tribunals have recently provided us with some guidance on this notoriously complex area of law dealing with the following two key points: Motives for the employee’s resignation; and Contributory conduct of the employee. In order to reduce the risks of such claims [...]

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28th

May

2014

Covert Recordings- Testing,Testing…1,2,3!

Can an employee secretly record a disciplinary or grievance hearing with an employer, and then later rely on such covert recordings as evidence in a tribunal? This is a question that regularly crops up from employers and is especially relevant given the advances being made in modern recording technologies in devices such as mobile phones [...]

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28th

May

2014

Final Written Warnings – you have been warned!

Can a Tribunal consider the validity of a Final Written Warning (FWW) when assessing the fairness of a dismissal? A recent court case has again raised a question which is important for employers to consider when carrying out disciplinary procedures with an employee: can the validity of an earlier final written warning be considered when [...]

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14th

November

2013

Tribunal claims – have you seen a reduction?

Recently the Ministry of Justice has published information concerning the number of employment Tribunal claims received since the introduction of fees for issuing claims. The full report on tribunal claims can be found by clicking here. The report is not a full analysis (which the tribunal publish officially) but, rather, an ad-hoc statistical release on [...]

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