Monthly Archives: July 2012

“Breakdown of Trust and Confidence” – A Warning to Employers Not to Apply This Reason for Dismissal Arbitrarily

 The Court of Appeal has confirmed that although OFCOM  had fairly dismissed Mr Leach “for some other substantial reason” (SOSR) and in particular, a breakdown of trust and confidence, this reason should not be used arbitrarily when in reality, the reason for dismissal is something else.

Leach v The Office of Communications (OFCOM)

Summary

The Court of Appeal has confirmed that although OFCOM  had fairly dismissed Mr Leach “for some other substantial reason” (SOSR) and in particular, a breakdown of trust and confidence, this reason should not be used arbitrarily when in reality, the reason for dismissal is something else. Continue reading

Introduction of tribunal fees from 2013

Tribunal Fees from 2013

Summary – Fees to be charged for submitting a claim to the Employment Tribunal

The government’s commitment to improving employment law continues with the introduction of tribunal fees during the summer of 2013.  This is despite employee groups opposing the plans on the basis they will prevent access to justice and deter workers from bringing valid claims.  Business groups also considered that any fees system should explicitly seek to deter weak or vexatious claims.  The rationale however behind the introduction of the fees is not to prevent claims according to the government but to require tribunal system users to bear some of its costs. Continue reading

Unfair dismissal – Redundancy Scoring

Unfair dismissal – redundancy scoring

Summary:  Can an employment tribunal find a dismissal unfair by examining the selection score?

In order to reduce overheads the employer needed to reduce the headcount of its field service engineers, of which the Claimant was one, from 11 to 10. In order to make its selection the employer relied upon detailed redundancy selection criteria to include disciplinary records; performance and flexibility; skills and ability; and competency in the role. Continue reading

Where Are We Now with Holidays and Sickness Absence?

Summary:  A look at the latest European Court of Justice ruling on an employee’s right to take annual leave even when they are absent from work due to sickness. 

Continue reading

FGazette July 2012

Welcome to the latest edition of FGazette! The quarterly newsletter of Floyd Graham & Co – Lawyers for today’s employers.

Our Summer edition focuses on social media in the workplace, changing terms and conditions and the future of TUPE. Click the FGazette image to read more.

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