Employment litigation
Is a dismissal without following a prior process always unfair?
13 August 2020 - 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
18 November 2019 - Sheila Fahy
The short answer is yes, but not in the particular circumstances of this case, Wells and Solari v Cathay Investments and PNC Global Logistics. In this case, the High Court assessed the extent to which a number of incidents of misconduct including obscene WhatsApp messages could be used to justify dismissal for gross misconduct, thereby › Read More
Employee disciplinary investigations and criminal/regulatory investigations
06 June 2019 - Robbie Sinclair
Multi-dimensional misconduct When an employee is involved in serious misconduct such as a sexual assault, theft or financial impropriety, it is important to have sight of the bigger picture. If the misconduct has criminal or regulatory implications, does the employer’s internal disciplinary process have to be parked or can it run in parallel with third › Read More
The long arm of whistleblowing – expatriate claims
21 May 2019 - whistleblowing Sarah Henchoz
In a global workplace and with global impetus for their cause, it is no surprise that those who speak up are pushing jurisdictional boundaries to seek maximum protection and to cast the liability net as widely as possible. But can employees seconded abroad sue co-workers in an Employment Tribunal where they suffer detriment abroad? The › Read More
Enforceability of employer arbitration agreements in the US
06 July 2018 - Brian Jebb
The United States Supreme Court recently delivered a landmark decision in Epic Systems Corp. v. Lewis that may give employers more comfort when using arbitration agreements to resolve workplace disputes. The Court held that the Federal Arbitration Act (FAA) requires federal courts to enforce arbitration agreements with class and collective action waivers, and also that employees cannot › Read More
Employment tribunals – managing the collateral damage
09 January 2017 - David Merlin-Jones
In this blog, the third in a series regarding regulatory investigations and employment challenges, we discuss the need to manage the wider impact of an employment case that has gone all the way to a tribunal hearing and grabble with the consequences of these proceedings being open to the public. Employment tribunals can be a › Read More
10 November 2016 - David Merlin-Jones
In this blog, the second in a series regarding regulatory investigations and employment challenges, we discuss legal privilege (as a reminder, this protects all communications between a legal adviser and their client, and prevents their disclosure without the client’s permission). › Read More