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Employment Law Blog

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

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.

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