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Attempts at conflict resolution did not prevent disciplinary action

United Kingdom - August 13 2009 In West London Mental Health NHS Trust v Sarkar, the EAT held that the employer's actions in seeking to resolve complaints against Mr Sarkar through an internal "Fair Blame Policy", designed to deal with less serious matters, did not mean that his subsequent dismissal for gross misconduct was unfair or outside a range of reasonable responses open to the employer....

Kim Pattullo, Blair Adams.


TUPE and liability for equal pay

United Kingdom - August 13 2009 The Court of Appeal has upheld the decision of the EAT, in Gutridge v Sodexo, that following a TUPE transfer a transferee can be liable for the transferor's equal pay breaches....

Kim Pattullo, Blair Adams.


Consultation on "whistleblowing claim forms"

United Kingdom - August 13 2009 The Department for Business, Innovation and Skills has issued a consultation on a proposal that tribunals should have the power, in claims involving whistleblowing, to pass details of alleged wrongdoing relied upon by the whistleblowers in tribunal claims to a "relevant regulator" for investigation....

Kim Pattullo, Blair Adams.


Substitution clauses and employment status

United Kingdom - August 13 2009 Yet another case on substitution clauses in agreements with individual contractors....


Employers must act on suspicion of misconduct or lose right to rely on it

United Kingdom - August 13 2009 The Court of Appeal has held that if an employer suspects an employee to be guilty of misconduct, it should instigate disciplinary proceedings against the employee or reserve its position to bring future disciplinary proceedings against the employee....

Kim Pattullo, Blair Adams.