Employment litigation

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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Can inappropriate Whatsapp messages be used to justify termination and treat shareholders as bad leavers?

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

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Employee disciplinary investigations and criminal/regulatory investigations

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

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The long arm of whistleblowing – expatriate claims

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

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Enforceability of employer arbitration agreements in the US

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

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Employment tribunals – managing the collateral damage

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

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Check your privilege

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

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