inconsistent to use “fair blame policy” and then dismiss for gross misconduct

Court of Appeal, employment law, procedure, unfair dismissal1 Comment

West London Mental Health trust operated a “fair blame policy”, an informal procedure designed to deal with fairly low level breaches of conduct. the Trust had received complaints about Mr Sameer Sakar, a consultant psychiatrist, alleging conduct which was “harassing and distressing” and had the effect of leaving other staff “vulnerable and intimidated”. Following an…

TUPE – employers can thank the European Court

contract terms, contracts of employment, employment law, European Court decisions, TUPE

Under the TUPE regulations, on acquisition of a business or undertaking employers automatically take on employees working in that business or undertaking. Their employment contracts “have effect after the transfer as if originally made between the person so employed and the [new employer]”. As a general rule the new employer cannot change the terms of…

why it is a nonsense to maintain that tribunals are an informal alternative to court proceedings

employment law, procedure

In 1957 the Franks Report set out characteristics which should be reflected in tribunal procedures. In addition to the key requirements of openness, fairness and impartiality, tribunals should provide a fair hearing at which citizens can state their case without the need for legal representation and at hearings conducted with an appropriate degree of informality.…