Blog
From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
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.
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.
3 April 2019
How to minimise the risk of workplace sexual harassment claims
What is the current best advice for any organisation wishing to protect itself from allegations of sexual harassment given the new environment post #MeToo and the Presidents Club dinner? Richard Fox discusses ten ways to minimise your risk.
8 March 2019
Pitfalls for employers: dismissals and TUPE transfers
The recent Court of Appeal case of Hare Wines Ltd v Kaur is a reminder of the caution that should be exercised by employers when carrying out dismissals either before or after a TUPE transfer. In this case, an employer attempted to argue that the dismissal in question was carried out for “purely personal reasons” unrelated to the TUPE transfer, an argument which was dismissed by the Court of Appeal.