Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
10 July 2019
What have we learned from the Senior Managers and Certification Regime?
With the Senior Managers and Certification Regime (SMCR) due to be extended to all regulated financial services firms in six months’ time (9 December 2019), we reflect on three key learning points from the regime which has already been in place for banks, building societies, credit unions and PRA- designated investment firms since March 2016.
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.
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.
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.
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.