Unfair Dismissal | LabourBlawg - Part 2

Unfair Dismissal

Can a compromise agreement protect your business from a TUPE claim?

January 17, 2013

Some business owners choose to either ignore the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) or assume that the provisions will not apply in their set of circumstances.   Recent TUPE cases highlight that complacency can result in expensive litigation and a payout to aggrieved employees. Tamang & Anor v (1) ACT Security Ltd […]

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Septuagenarian racing pundit launches legal action claiming age discrimination

January 12, 2013

John McCririck, the 72 year old celebrated racing pundit who has been sacked without any explanation has launched legal action against Channel 4, seeking £3m in age-discrimination damages for public humiliation that he claims he suffered after being ditched by the channel. Mr McCririck was one of many long standing presenters who have been dropped […]

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The Charity Commission has been found to have spent three times in defending which they could have settled for with claimant

December 10, 2012

The Charity Commission has been found to have spent £107,000 defending a unfair dismissal claim by the former senior case worker David Orbison, according to information released under the Freedom of Information Act. The former senior case worker says that he had offered to settle the case with the regulator in 2010 for about a […]

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Workplace Intimidation, What Should You Do?

December 4, 2012

If you’ve ever heard stories of workplace conditions before the Department of Labor started imposing regulations, you know that employees had very few rights. There was an extreme amount of work place intimidation, coming not only from the higher ups, but from peers worried about keeping their jobs. Work place intimidation is exactly how things were able […]

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TUPE transfers and the issue of ‘an organised grouping of employees’

September 24, 2012

How important is the connection between a service provision change and ‘an organised grouping of employees‘ under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)? Recent cases have highlighted the difficulty in interpreting the meaning of ‘an organised grouping of employees‘ under the regulations.  A service provision change is where a service provider […]

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What you should do if you’re accused of theft at work

September 19, 2012

If you’ve been accused of a theft at work then you face 2 risks: the possibility of going to jail and the possibility of losing your job. This will obviously therefore be a stressful time for you. Most employees are aware that their employer is prohibited form unfairly dismissing them but may be unaware of […]

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Can I claim unfair dismissal if I don’t have 12 months continuous service?

September 5, 2012

Most workers are aware of the existence of their right to claim unfair dismissal if their employment is (unfairly) terminated. However, although workers are aware of the abstract nature of the right, they are often unaware of the most basic content of the right to claim unfair dismissal. One of the most basic elements is […]

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Whistleblowing at work – what to do and how to protect yourself

August 17, 2012

A recent article on Your Local Guardian highlights the unfair treatment that can be afforded to workers when they legitimately “blow the whistle” at work. Direct 2 Lawyers’ specialist solicitors deal with whistleblowing claims on a regular basis, providing free legal advice over the phone to workers who may have been the victim of unfair […]

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Wrongful Termination: A Growing Problem in Many Areas

August 13, 2012

(US employment law) It’s unpleasant to think about being fired, but it happens. What if you don’t think your employer had a valid reason to terminate you? It’s happening more often, as employers look for ways to cut their workforce and save money. Some experts estimate that 250,000 people are fired illegally or unjustly each […]

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When could misuse of the internet at work constitute gross misconduct?

August 7, 2012

A recent news story highlights the potential problems that use of the internet at work can cause for both employers and employees. The story concerns a “married churchgoing mother” who was sacked after being wrongly accused of watching hardcore porn at work. She has subsequently been awarded £20,000 compensation at the Employment Tribunal after suing […]

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