I have been doing some work recently on the right of accompaniment in disciplinary hearings and have come across a 2012 judgement that emphasises some of the protections a co-worker has if they accompany a colleague to a disciplinary or grievance meeting. The decision, Evans v Opensight (2011) is a first tier tribunal decision but … Continue reading Sacked for helping colleague
When deciding what compensation a successful claimant can receive in an employment tribunal section 207A of the Trade Union and Labour Relations Consolidated Act 1992 allows for compensation to be increased (or decreased) by up to 25% if a party has failed to follow a Code of Practice issued by ACAS which applies in the … Continue reading ACAS uplifts in automatically unfair dismissals
A former prison officer has lost her case alleging unfair dismissal after being dismissed for what the employer alleged was gross misconduct. I am not sure, based on the judgement, that that is the right decision given the centrality of the first disciplinary allegation to the dismissal, the uncertainty on my reading of the real … Continue reading Playing Doctor
Just over one year ago today DKLM LLP, a solicitors firm, appointed Hilesh Chavda as its new Head of Private Client. The appointment would, according to the firm's website announcement on 19 October 2019, "help capitalise on the firm’s successes with high net worth individuals and entrepreneurs in the UK and international markets." He was … Continue reading Solicitor loses Covid-19 pay cut case
In February 2020 (back when coronavirus was barely a thing - it seems so long ago!) the Permanent Secretary of the Home Office announced in a press briefing that he had resigned from his role because continuing was no longer tenable, given a reported hostile working relationship caused by alleged activities of the Home Secretary … Continue reading What’s new in Rutnam’s constructive dismissal complaint?
It is well known that the Equality Act 2010 has four type of discrimination that applies to all of the nine protected characteristics set out in the Act: direct discrimination, indirect discrimination, harassment, and victimisation. However, in cases where the characteristic of disability is relied upon the Act recognises two other forms of discrimination that … Continue reading Indirect discrimination in disability claims