Employment litigation

Significant tribunal costs award made against employee who recorded covertly

Rachel Reeves

Are covert recordings permitted? One of the issues that comes up time and time again concerns employees recording discussions covertly.  The issue is particularly relevant now as the opportunities to record while working remotely are even greater than in face to face meetings. The answer is that it is up to an employer whether recording Read More

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Can employers refer to employees’ WhatsApp messages to bring misconduct proceedings?

Aladdin Benali

As social media messaging has become such a quick and easy way for many of us to communicate, a key question for employers is the extent to which they can access and rely on employees’ WhatsApp messages in the context of investigations. In a recent case, BC and others v Chief Constable Police Service of Read More

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Post-lockdown redundancies: pay attention to pensions! Part 2

Helen Powell

This is the second of our blog posts looking at the pensions implications on redundancies. It focuses on the pitfalls that can trip up employers and trustees when there are redundancies on the horizon and takes you through some practical points to help shape your preparation. Previous blogs on Redundancy Post-lockdown redundancies: pay attention to Read More

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Post-lockdown redundancies: pay attention to pensions! Part 1

Helen Powell

The next blog in our redundancy series focuses on the pensions implications. Jessica Kerslake from our pensions team encourages employers and pension trustees to consider the potential pensions implications at the outset. Good preparation can help to avoid legal and practical pitfalls. This post looks at two key cost issues: whether an employer debt could Read More

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Redundancy and “bumping”

Hannah Crisp

In the third in the series of blog posts on redundancy, I am looking at the notion of “bumping” which is where an employer “bumps” an employee whose role is at risk of redundancy into another employee’s role. Bumping can be confusing for both employers and employees, and is often met with a lot of Read More

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Navigating redundancy risks in the wake of Covid-19

Vicky Wickremeratne

Business headlines have made for sorry reading over the past few weeks as large corporates, including high street giants, global manufacturers and tech businesses, have announced plans for job cuts in the wake of Covid-19. For some, these restructurings may have been contemplated since earlier in the year in response to Brexit, but are now Read More

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Is a dismissal without following a prior process always unfair?

David Merlin-Jones and Abigail Holmes

Not always. A fair process is a prerequisite for a fair dismissal, but in exceptional circumstances an employer can dispense with the process and still dismiss fairly, the EAT has confirmed in a ruling handed down this week. While fact-specific and therefore to be treated with caution, this could prove useful for employers managing or Read More

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