- Mark Higgins – Employment Law Partner
Being “bruised” by critical remarks made about you by your boss may well make you feel like walking out.
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.
- Frances Nash – Trainee Solicitor
A leaked report commissioned by the Conservative Party suggests that the right for employees to claim that they have been unfairly dismissed should 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.
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 »
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 »
Jennifer Smith (Employment Solicitor)
As featured in Crain’s Manchester Business.
Recent reports have confirmed that the Employment Tribunals Service in the North West is currently suffering such a backlog of cases that people are now being told that it will be at least 12 months before their case is heard.
There has indeed been a sharp rise in claims over recent years in various areas of employment law, but especially regarding class actions, with the most prominent escalation being in equal pay disputes, and the tribunal system is straining under the massive rise in equal pay claims. Read more »
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 »
Jennifer Smith (Employment Solicitor)
Some excellent news to cheer everyone up today.
The Government has announced that, as part of the celebration of the Queen’s Diamond Jubilee, an extra bank holiday is to be created on 5 June 2012. The late May bank holiday is going to be moved to 4 June 2012, so as to create a Diamond Jubilee long weekend.
Jennifer Smith (Employment Solicitor)
Jennifer Smith, Employment Solicitor at Ralli, looks at some of the highlights (or possibly lowlights!) of 2009.
1. So long, farewell… to the statutory DDPs and GPs. The 6 April 2009 saw the repeal of the statutory dispute resolution procedures to deal with discipline and grievance. Read more »
Employment | Ralli | 
November 9, 2011 3:19 pm | 
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