Border-Line Constructive Dismissal?

When your boss is the Home Secretary and her remarks are broadcast across the land, your decision may well be justified.

However, in the vast majority of cases, resignation as a knee-jerk reaction to your employer’s unreasonable conduct is not likely to provide a good basis for claiming constructive unfair dismissal.

The law has for a long time been clear that an employee should not normally abandon ship without having made some attempt to resolve matters internally.

In Brodie Clark’s case, the UK Border Agency is likely to argue that as his suspension was justified to enable an investigation to be carried out and that as he would have had an opportunity to challenge any allegations laid against him, he ought to have waited.

To succeed in his claim of constructive dismissal, therefore, Clark will need to prove that Theresa May’s comments to the Parliamentary Committee were sufficiently prejudicial and damning of him that a fair hearing was rendered impossible and that the trust and confidence he previously had in his employers is gone. Even so, a technical win in tribunal will not clear Clark’s name unless the forthcoming investigation concludes that he did nothing wrong.

Leaked Tory Report Suggests Unfair Dismissal May Be Scrapped

This is sure to be a headline grabber, and without giving a thought to the full implications of this move, a crowd pleaser for business. The report claims that the current laws leave employees as “unknown quantities” who are allowed to “coast along” and this threatens the potential for business to expand.

However, the right to claim unfair dismissal is only currently available to those employees who have a year’s service with their employer, and if the Conservative proposals are approved, this qualifying time would increase to two years, one might say ample time to consider if an employee is indeed an ‘unknown quantity’ or a ‘coaster’.

Even so, what effect on the economy would it have if there was no job security for the workforce whatsoever? One day at work, next day no job, no pay, no warning, no explanation. It is not true to say that current unfair dismissal laws leaves the employer with no course of action when dealing with a troublesome employee.

It is perhaps more a question of ensuring that employers know exactly what they can do within the law fairly so that no claims can be brought against them. Surely it would be better to work towards a system that provides certainty and clarity for the employer and the employee and that, in turn, will bring a stable and more productive economy.

It didn’t feel right but the professionals know what they’re doing, don’t they?

Chris MacCafferty - Professional Negligence Solicitor

Well fortunately most professionals do know what they are doing and will provide you with the service you deserve to receive.

However, some will not. Unfortunately mistakes do happen, it what’s you do about it that counts. As an old colleague and friend of mine used to say ‘it’s why cars have bumpers and professionals have insurance’ – mistakes happen.

With the vast library that is the web people are a lot more knowledgeable about the jobs professionals do. Consequently it was my belief that most people felt more comfortable raising concerns with professionals as they had a good grasp of what there rights were and if not where they could read up on it.

However, I was reading in the Law Society Gazette recently that one of the focussed groups reasons for wanting to ‘name and shame’ solicitors was due to the high esteem held for solicitors and therefore the reluctance and almost fear that Clients have of questioning them.

The article said:

The focus group report said: ‘Solicitors are held in a degree of respect bordering on awe, that is awarded to few professionals other than perhaps doctors.’

It found ‘a strong degree of reluctance to complain’ about solicitors, due to a ‘fear [by consumers] that the solicitor will be able to outsmart them’. Read more »

FA warns players over Tweets

Rob Illidge - Marketing Executive

The FA (Football Association) has warned players that comments made on any social media site may be considered public comment. They also warned that they could also be sued by third parties over “contentious internet postings”.

The FA stated: “Comments made on [social network sites] may be considered public comment, any comments which are deemed improper, bring the game into disrepute, or are threatening, abusive, indecent or insulting may lead to disciplinary action.

“Comments which are personal in nature or could be construed as offensive, use foul language or contain direct or indirect threats aimed at other participants are likely to be considered improper.

“Participants are required to act in the best interests of the game at all times and should be aware of this when using social networking websites.

“Furthermore, participants are reminded that postings on social networking sites which they believe to be visible to a limited number of selected people may still end up in the public domain, and consequently care should be exercised with regards to the contents of such postings.

“In addition, we would remind participants that social networking postings could also lead to civil proceedings being brought by affected parties.”

Ryan Babel, the former Liverpool striker became the first professional football player to be fined by the FA for tweeting a doctored image of referee Howard Webb in a Manchester United shirt, stating “And they call him one of the best referees? That’s a joke. SMH.” Read more »

Tunnel Vision?

Mark Higgins, Employment Law Partner

It has been reported in this morning’s Manchester Evening News that Vicky Kloss, Manchester City’s chief communications officer, was stopped from entering the players’ tunnel after yesterday’s FA Cup clash at Notts County – because she is a woman 

The complaint of sexism, made by City executives against Notts County officials singularly fails to take into account the fact that the rule is in place for a very valid reason. The players’ tunnel gives direct access to changing areas where there would be a possibility of men visible in a state of undress.

Turning the no-female policy on its head, one could argue that had there been no ban in place, Notts County, or for that matter, individual players, might be vulnerable to accusations of indecent exposure or sexual harassment should they inadvertently reveal themselves to a female who happened to be passing by. Surely, the sensible thing for Ms Kloss to have done would be to call or text Mr Heggie and ask him to come out to meet her. Read more »

Wayne’s Whirl. Do football players need lawyers and not agents?

Stuart Page - Associate

In the light of the Wayne Rooney saga this week, once again the “Agent” culture is going to be called into question, however in the light of this there are a number of “spin off” questions, do footballers really need agents?

Could a good lawyer and a good accountant not do the same job and only be paid by the hour or job? The clubs themselves have player liaison therefore why is an agent required?

In short a lawyer is a professional who is used to heavy regulation of the profession and puts his client first, he perhaps does not have the “closeness to the game” that an agent has but is that such a bad thing?

Read more »

Generation Hangover

Jennifer Smith (Employment Solicitor)

It’s a problem for employers, without a World Cup thrown in!

With drink increasingly becoming a common place feature of many people’s daily social lives (particularly in the 16 -29 age group), the impact is leaking into the workplace.

A business will suffer if any employee drinks during working hours in such a way that the work suffers e.g. a boozy client lunch. A business will also suffer if an employee phones in sick after a heavy night drinking the night before, or who comes to work with a hangover. Read more »

Lord Triesman, Steve Curry and Privacy Law- A Recipe for Disaster?

Rob Illidge (Marketing Execuitve)

It’s that time again, whether England are looking to host the world up or ‘bring it home’, there is always something in the media to scupper even the most optimistic England fan’s hopes and dreams.

I am talking of course about the recent news that FA Chairman Lord Triesman, has resigned from his position after being secretly recorded making bribery allegations about Russia and Spain’s attempts to secure the 2010 tournament.

It has since been alleged that The Mail on Sunday paid Melissa Jacobs, a ‘friend’ of Lord Treisman’s, to set up the meeting and recording. Cue a national scandal, the bid is ruined e.t.c…e.t.c

However, Steve Curry of The Daily Mail went one further yesterday morning whilst being interviewed by Sky Sports News, describing Mr Triesman as a “vain FA chief” who “wasn’t right for the bid anyway”. Surely he would not have made these comments had the recording not been published, it certainly is one way of kicking someone whilst they are down. Read more »

Is a clash of personalities between a senior employee and a junior employee a sufficient reason to dismiss?

Jennifer Smith (Employment Solicitor)

Not necessarily, so act with caution! If you think you have an issue with a personality clash between employees, you should take a very careful and well thought out approach to avoid an employment law claim. 

Firstly, let’s go back to basics – where an employee is eligible to claim unfair dismissal, they must have 12 months service, and you must have a ‘potentially’ fair reason for dismissal and also act reasonably, in all the circumstances, in dismissing for that reason. So what are the six potentially fair reasons to dismiss? Read more »

Marketing Excellence Rewarded With Second Award

Ralli continued a successful start to 2010 with Marketing Executive, Robert Illidge, awarded a Commendation in the Emerging Marketer of the Year category.

Robert was awarded for embracing web 2.0 strategies allowing Ralli to share our expertise using digital outlets and establishing an excellent social media presence, including the use of Twitter and LinkedIn.

The results of the 2010 Drum Marketing Awards were revealed at the gala black tie awards ceremony held at the Ramada Manchester, rewarding those who had shown marketing excellence. Read more »