Archives

Archives / 2014 / January
  • High Court Injunctions and Disciplinary Hearings

    Tags: Employment Law, Employment Tribunal, Injunction, Disciplinary Hearings, High Court, Gross Misconduct

    A rather interesting concept was dealt with recently by the Supreme Court via the case of West London Mental Health NHS Trust v Chhabra. The question before the Court was whether it could intervene to restrain an employer from requiring an employee to face allegations of gross misconduct at a disciplinary hearing if the conduct complained of is not sufficiently serious so as to support such a finding of misconduct.

    Here the Appellant, Dr Chhabra, was and remains employed by the Respondent Trust as a Consultant Forensic Psychiatrist. The proceedings came about when the good doctor applied for a declaration and injunctive relief from the High Court prior to a disciplinary hearing at which the Trust was due to present the allegations of gross misconduct.

    The Supreme Court held that the … more

  • Religious Discrimination: divide between ‘manifesting and ‘holding’ beliefs

    Tags: Discrimination, Employment Law, Discrimination because of Religion and Belief, Employment Tribunal

    Religious discussions, of whatever shade, are always a delicate and generally best avoided topic in the workplace. There is however obviously a need to ensure that workers are free to have their beliefs or lack thereof and that the relevant employer takes no umbrage at this fact. Naturally when a clash of ideologies occurs in the workplace, the employee is protected by virtue of religion and belief discrimination provisions of the Equality Act 2010.

    The question recently posed to the Employment Appeals Tribunal (“EAT”) in the case of Grave v Places for Children was whether there was a clear dividing line between the holding and manifesting of a religious belief.

    The Claimant, Ms Grace, was a Nursery Manager at the Respondent business and had been such for only a short period … more

  • Disability Discrimination: Employer Knowledge of Disability

    Tags: Equality Act 2010, Disability Discrimination, Employment Law, Employment Tribunal

    An employer’s duty to make reasonable adjustments for a disabled employee only arises where the employer knows, or is reasonable expected to know, that the relevant employee is suffering from a disability, and so as a result is likely to be placed at a substantial disadvantage.

    However establishing such knowledge on the part of the employer is not always a clear cut exercise. A question posed recently to the Court of Appeal (“CA”) in the case of Gallop v Newport City Council concerned whether or not an employer could rely solely on an Occupational Health Report in deciding whether an employee is disabled.

    The present case of Mr Gallop was decided under the old Disability Discrimination Act 1995 legislation, by virtue of his initial claim having been lodged prior to … more

  • Employment Status: Labels not everything!

    Tags: Employment Status, Employment Law, Employment Tribunal

    In everyday life we generally seek to place labels on items which correspond simply to the function or description of those objects, for example in an office kitchen, the labelling of a tub of sugar so as to avoid the making of a round of cuppas with salt in them.

    In employment law however, the labels placed on certain work relationships can often be inaccurate and wholly misleading, even where clarity and certainty were the guiding intentions of those seeking to apply those labels. There is no area where this statement is more accurate than that of determining the employment status of the individual.

    Recently in the case of Boss Projects LLP v Bragg, the Employment Appeals Tribunal (“EAT”) considered the question as to whether a person who is unequivocally termed in their … more

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  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more

    

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