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Fair dismissal for SOSR based upon unproven allegations and reputational risk

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • August 13 2012

In the case of Leach v OFCOM, the Court of Appeal has upheld a Tribunal's decision that an employee was dismissed fairly for "some other substantial reason" (SOSR) when the employer discovered allegations that he had been involved in child abuse in Cambodia

Summary of the Programme for Government 2011-2012

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • October 11 2011

The 2011-12 Programme for Government sets out the Scottish Government's (the "Government") legislative priorities for the year ahead

Fine for breach of competition law not recoverable from employees and directors

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • January 17 2011

In Safeway v Twigger the Court of Appeal has held that a company cannot recover the costs of a fine imposed on it by the Office of Fair Trading for competition law breaches from its directors or employees involved in the infringement that led to the fine

What constitutes a valid settlement through ACAS?

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • November 11 2010

The EAT has handed down its decision in Allma Construction v Bonner, confirming that, in deciding whether a valid settlement has been concluded through ACAS, it is irrelevant whether the ACAS officer believes that a settlement has been reached or whether a written agreement has actually been documented

EAT considers meaning of "affected employees" for the purposes of a TUPE transfer

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • January 14 2010

The EAT has held that for the purposes of TUPE, "affected employees", whose representatives must be informed and consulted about the transfer, are those who will be or may be transferred, who have an internal job application pending at the time of the transfer and whose jobs may be put in jeopardy by the transfer (Unison v Somerset County Council

Information that must be given to an employee before disciplinary hearing

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • November 12 2007

The EAT has held that it was implicit in the wording of a step one letter under the standard statutory disciplinary and dismissal procedure (SDDP) that the employee was at risk of dismissal and the fact that the letter did not explicitly refer to dismissal did not amount to a breach of the SDDP

Abolition of the default retirement age

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • March 16 2011

The draft Employment Equality (Repeal of Retirement Age) Regulations 2011 (the Regulations) implementing the Government's plan to abolish the Default Retirement Age (DRA) have been published

DWP publishes guidance on new fit notes

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • March 11 2010

Following consultation with business groups and medical representatives, the Department for Work and Pensions has published guidance for employers and medical practitioners on the new statement of fitness to work (commonly referred to as a fit note

Not defamatory to criticise employee's performance

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • December 17 2010

In Daniels v BBC the High Court held that an employer's comments regarding an employee's poor performance during the course of a capability procedure were not capable of being defamatory

Minimum wage and tips

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • June 11 2009

The Government has announced that it will introduce legislation, to come into effect on 1 October 2009, to prevent tips being used to top up wages to meet the national minimum wage