Employment Law Blog

15 May 2019

Tribunal orders injury to feelings award for employee who was asked to keep her sexuality a secret

Last month, an Employment Tribunal ordered an employer to pay a former employee the sum of £8,000 (plus interest), in the form of an injury to feelings award, following its earlier judgment that the employee had been directly discriminated against on the basis that she was a lesbian. This was despite the fact that there was no evidence that the discriminator was in any way prejudiced against lesbian employees.  

Eugenie Freeman

14 May 2019

WhatsApp messages: a treasure trove of evidence in team moves

The Court of Appeal’s judgement in Forse & ors v Secarma Ltd & ors is an important case on springboard injunction applications in employee competition and team move cases. It is also a prime example of how WhatsApp messages can provide crucial evidence in such cases.

Andreas White

10 May 2019

Credibility of witness evidence justified dismissal under FCA’s ‘fit and proper’ test

A recent Employment Appeal Tribunal (EAT) case has highlighted that if a court or tribunal criticises the credibility of witness evidence from a regulated financial services executive, then they are at risk of failing the fit and proper test, and being dismissed. 

Andreas White

26 April 2019

The importance of carrying out a fair and proper investigation process

Conducting a proper investigation is the key to a fair disciplinary process. Employers should therefore be mindful of their own internal policy, take time to follow the steps that it sets out, and ensure that the employee being investigated is given a fair chance to present their case, which includes having all the necessary information and a clear understanding of the allegations against them. 

Eugenie Freeman

23 April 2019

When an employee is under regulatory or criminal investigation, how should their employer handle an internal disciplinary?

A recent Court of Appeal case of North West Anglia NHS Foundation Trust v Gregg provides welcome guidance to employers on how to deal with such circumstances. The Court confirms a Trust’s ability to progress internal disciplinary proceedings whilst a doctor is subject to criminal investigation.

Clodagh Hogan

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