Government proposes extended settlement agreements which will be inadmissible in tribunals –

Posted June 13th, 2012 in bills, compensation, dismissal, employment tribunals, news by sally

“The extended use of settlement agreements, which will make it easier for employers to remove underperforming workers in exchange for a pay-off, has been proposed Business Secretary Vince Cable.”

Full story, 13th June 2012


No-fuss sacking payouts included in employment law overhaul – The Guardian

Posted June 11th, 2012 in bills, compensation, dismissal, employment, news by sally

“Rules making it easier for companies to sack their workers by offering them immediate payouts if they agree to leave without any fuss will be unveiled this week as part of the government’s controversial overhaul of employment law.”

Full story

The Guardian, 10th June 2012


High Court Litigation Commercial Bargains and the Common Law – 11 KBW

Posted May 28th, 2012 in dismissal, employment tribunals, fiduciary duty, news by sally

“Employment litigation in the High Court is one of the most interesting and dynamic areas of practice. The cases tend to be fought at the point where countervailing currents commercial law and employment law meet and many of the cases turn on resolving the tension between the bargain struck between commercial men and the implied term of trust and confidence. That tension presents an opportunity for the creative and a pitfall for the unwary.”

Full story (PDF)

11 KBW, 28th May 2012


The FSA’s Approved Persons Regime and the Disciplinary and Dismissal Flashpoints – 11 KBW

Posted May 28th, 2012 in disciplinary procedures, dismissal, financial regulation, news by sally

The FSA’s Approved Persons Regime and the Disciplinary and Dismissal Flashpoints (PDF)

11 KBW, 22nd May 2012


Woodcock v Cumbria Primary Care Trust – WLR Daily

Posted March 28th, 2012 in age discrimination, dismissal, employment, law reports, redundancy, retirement by sally

Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330; [2012] WLR (D) 97

“For the purposes of a claim for age discrimination under regulation 3 of the Employment Equality (Age) Regulations 2006, where an employer gave notice of dismissal to an employee on the grounds of redundancy, it was a legitimate part of the aim of the employer in giving that notice to ensure that when giving effect to it, the dismissal also saved the employer additional costs that, had it not timed the dismissal as it did, it was likely to have incurred by reason of the employee’s age.”

WLR Daily, 22nd March 2012


Lawyers give mixed response to Woodcock age discrimination ruling – The Lawyer

Posted March 23rd, 2012 in age discrimination, dismissal, news, pensions, redundancy by tracey

“Employment lawyers have given a mixed response to an eagerly anticipated Court of Appeal (CoA) ruling on whether discrimination can be justified by saving costs.”

Full story

The Lawyer, 23rd March 2012


You’re not drinking enough, financial adviser told her tearful client – Daily Telegraph

Posted March 23rd, 2012 in age discrimination, dismissal, news, pensions, redundancy by tracey

“A businesswoman sacked after a night entertaining clients ended in spectacular embarrassment has had her hopes of a compensation payout boosted by a tribunal ruling.”

Full story

Daily Telegraph, 22nd March 2012


Government seeks views on dismissal rules – Department for Business Innovation and Skills

Posted March 16th, 2012 in consultations, dismissal, employment, press releases by tracey

“Proposals to examine the current dismissal process have been announced by the Government today with the publication of a Call for Evidence. Ministers are to seek the views of employers and employees, and gather evidence from interested parties, on whether current dismissal procedures are too onerous, too complex and whether or not there is a lack of understanding in their application.”

Full press release

Department for Business Innovation and Skills, 15th March 2012



New rules enable schools to dismiss incompetent teachers: the legal issues – Halsbury’s Law Exchange

Posted January 18th, 2012 in dismissal, employment, news, teachers, tribunals by sally

“According to last weeks’ press coverage, schools are to be given new powers to weed out incompetent teachers and enforce ‘rigorous’ standards to ensure performance is maintained. However, behind the headlines these proposals may be less far reaching in practice than they at first appear.”

Full story

Halsbury’s Law Exchange, 18th January 2012


Hogan Lovells dismisses senior litigator over £1m of false expenses – The Lawyer

Posted May 18th, 2011 in dismissal, expenses, false accounting, news, solicitors by tracey

“Hogan Lovells senior litigator Christopher Grierson has been dismissed from the partnership after claiming over £1m in false expenses over the course of four years.”

Full story

The Lawyer, 17th May 2011


Swansea teacher sacked after taking pupils sledging – BBC News

Posted January 14th, 2011 in dismissal, health & safety, news, professional conduct, teachers by sally

“A teacher was sacked after bringing a sledge into school and allowing two pupils to ride on it, a disciplinary hearing has heard.”

Full story

BBC News, 11th January 2011


Teacher who attacked pupil is sacked – The Independent

Posted May 28th, 2010 in assault, dismissal, news, teachers, trade unions by sally

“A science teacher who attacked a 14-year-old pupil with a dumbbell was sacked from his job, a union said. Peter Harvey, 50, was handed a two year community order on Monday at Nottingham Crown Court after he admitted bludgeoning the boy at All Saints’ Roman Catholic School in Mansfield.”

Full story

The Independent, 27th May 2010


Rise in use of drug tests to sack staff without redundancy pay – The Guardian

Posted May 18th, 2009 in dismissal, drug abuse, news, redundancy by sally

“Employers are increasingly using drug testing to get rid of staff without having to make redundancy payouts, as a way of ­cutting costs during the recession, a ­charity has said.”

Full story

The Guardian, 18th May 2009


Suspended magistrate is reinstated as review finds dismissal was ‘disproportionate’ – The Guardian

Posted February 16th, 2009 in dismissal, magistrates, news by sally

“A magistrate who was suspended for criticising the police is to be reinstated after an independent review decided a recommendation to dismiss her was ‘disproportionate’ and the hearing that led to it was flawed and unfair, the Guardian has learned.”

Full story

The Guardian, 16th February 2009


Firm to pay price of trainee sacking – Law Society’s Gazette

Posted January 23rd, 2009 in dismissal, news, Solicitors Regulation Authority, trainee solicitors by sally

“Firms that sack a trainee without the agreement of the Solicitors Regulation Authority could find themselves liable for hefty damages, a landmark employment tribunal decision suggests.”

Full story

Law Society’s Gazette, 22nd January 2009


Airbus UK Ltd v Webb – Times Law Reports

Posted February 26th, 2008 in disciplinary procedures, dismissal, law reports, time limits, tribunals by sally

Airbus UK Ltd v Webb

Court of Appeal

“An employment tribunal was entitled to find that an employee’s dismissal for misconduct was fair, even though the employer, in his response to the reason for the dismissal, had taken account of previous similar misconduct which was the subject of an expired final warning.”

The Times, 26th February 2008


Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Employee’s past can contribute to dismissal despite expired warnings, says judge –

Posted February 12th, 2008 in disciplinary procedures, dismissal, news, time limits by sally

“An employee’s past conduct can be taken into account when dismissing them, even if that conduct was the subject of a written warning which has since expired, the Court of Appeal has ruled.”

Full story, 12th February 2008


In re Leeds United Association Football Club Ltd – Times Law Reports

Posted September 4th, 2007 in contract of employment, damages, dismissal, insolvency, law reports by sally

No priority for liability to dismissal damages

In re Leeds United Association Football Club Ltd

“Where administrators adopted the contracts of employment of a company and the company subsequently become liable to pay damages for the wrongful termination of those contracts, the damages were not payable in priority to other expenses since that liability was not within the words ‘wages or salary’.”

The Times, 4th September 2007


Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.