consensual termination of employment cannot be assumed

Francis v Pertemps Recruitment Partnership Ltd concerns the dividing line between dismissal and termination of a contract by mutual consent. Mr Francis was a temp in the fortunate position of having a contract of employment with an agency – who supplied him to Transco to do administrative work. When the successors to Transco’s business, SGN,…

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does a finding of gross misconduct always justify dismissal?

It may seem an obvious reply. Surely gross misconduct, once established, has destroyed the employment relationship at such a fundamental level that it cannot realistically continue. The question was considered by the Employment Appeal Tribunal in Brito-Babapulle v Ealing Hospital NHS Trust. Ms Brito-Babapulle was a consultant haematologist at Ealing Hospital. Pursuant to the terms…

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how to deal with subject access requests

On 8 August 2013 the Information Commissioner’s Office published a new Subject Access Code of Practice. The 58 page guide offers a great deal of practical information concerning how to deal with requests. It is comprehensive and commendably straightforward and, as such, it’s essential reading and reference for anyone who has to deal with subject…

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