Welcome to the Canter Levin & Berg Employment Solutions Blog

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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what are zero hours contracts and how do they work in practice?

Zero hours contracts are often referred to in employment but they are not legally defined. They were popular a number of years ago because it was often very difficult for employees working under such contracts to secure sufficient continuous employment to benefit from employment protection, e.g. for unfair dismissal. However, since there is no longer…

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whistleblowing update

Late June saw the introduction of some significant changes to the whistleblowing provisions set out in the Public Interest Disclosure Act. However, before considering the changes I think that it is worthwhile taking a little time to consider just what whistleblowing is in the context of UK employment law. In its simplest sense whistleblowing is…

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limits to the extent of protection of confidential information

There are many cases concerning the alleged infringement of employers’ proprietary information, particularly following the termination of an employee’s employment. The classic counterpoint is between the protection of confidential information to which an employee has had access in the course of employment and need to avoid interference in commerce by restraint of trade unless protection…

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