[vc_section][vc_row][vc_column][vc_custom_heading text=”Welcome to the Canter Levin & Berg Employment Solutions Blog” font_container=”tag:h2|font_size:32|text_align:left|color:%23005695|line_height:1″ google_fonts=”font_family:Roboto%3A100%2C100italic%2C300%2C300italic%2Cregular%2Citalic%2C500%2C500italic%2C700%2C700italic%2C900%2C900italic|font_style:300%20light%20regular%3A300%3Anormal” css=”.vc_custom_1569268102137{padding-top: 20px !important;padding-right: 10px !important;padding-bottom: 20px !important;padding-left: 10px !important;background-color: #eeeeee !important;}”][/vc_column][/vc_row][vc_row][vc_column]

appalling incompetence by an employment tribunal, yet the claimant loses out

Elliott v The Joseph Whitworth Centre Ltd is a decision of the Employment Appeal Tribunal which demonstrates what can only be described as an abject failure of the judicial process. In his judgment His Honour Judge McMullen QC describes the chronology of relevant events as “sad and disappointing”. Mr Elliott had been working as a…

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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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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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