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Joanne Moseley

Redundancy dismissals: tribunal says employer not obliged to continue to furlough staff

Yesterday, we reviewed the ET's judgment  Mhindurwa v Lovingangels Care Limited which found that an employee, who was made redundant in...

Joanne Moseley

Employer who failed to consider furlough as an alternative to redundancy unfairly dismissed employee

In Mhindurwa v Lovingangels Care Limited, an Employment Tribunal held that an employee, who was made redundant in the early months of the...

Joanne Moseley

Teacher dismissed after child porn found on his home computer was fairly dismissed

Last year we analysed the EAT's decision in K v L which found that a teacher, who admitted having child pornography on his home computer,...

Joanne Moseley

No jab, no job: implications for the care sector

The government has announced that all adult care home staff will have to be vaccinated against COVID-19 if they want to continue to work...

Joanne Moseley

Employee who asked to be furloughed because of fears about COVID-19 was not unfairly dismissed

Tribunals are starting to determine a steady stream of COVID-19 related claims commenced in the early stages of the pandemic. We've...

Joanne Moseley

COVID-19: employee who refused to wear a mask was fairly dismissed

In Kubilius v Kent Foods, the Employment Tribunal had to decide if a lorry driver was unfairly dismissed for refusing to wear a face...

Joanne Moseley

Whistleblowing: why are claims increasing and what's the best way to respond?

The economy is beginning to flounder and many organisations are taking measures to streamline their businesses. Over the last month or...

Joanne Moseley

Impact of coronavirus: early signs that employment disputes are increasing

Have the numbers of employment disputes increased during the coronavirus pandemic? We asked our employment team for a snapshot as they...

Joanne Moseley

Worried about employee theft? ECHR sets out guidelines on covert surveillance

Employees have some rights to privacy - even when they are at work. If you want to monitor what they are doing, you usually have to...

Joanne Moseley

How should you react if an under performing member of staff you are thinking of dismissing raises whistleblowing allegations?

You know the scenario. A disgruntled member of staff who is put under pressure to improve, makes whistle-blowing allegations in an...

Joanne Moseley

Three reasons for including 'covert recordings' in your list of behaviours likely to amount to gross misconduct

Imagine the scene. You've dismissed someone and they bring an unfair dismissal claim. During that process you find out they've secretly...

Joanne Moseley

10 top tips for avoiding employment tribunal claims

Employment laws generate a lot comment and it is unsurprising that businesses are often confused about what they can and cannot do with...

Joanne Moseley

A key employee has been selected for jury service - can you say no?

Our FAQs answer this and other questions you may have about jury service. Do employees have a legal right to take time off work to sit on...

Irwin Mitchell

Assertion of statutory right must relate to something that has already happened

Most unfair dismissal claims require the claimant to have had two continuous years of service in order to be able to make a claim to the...

Joanne Moseley

Secretary aged 88 oldest person to win age discrimination claim

The default retirement age was abolished some years ago and individuals can (in theory if not always in practice) continue to work for as...

Joanne Moseley

Bus driver sacked after failing a drugs test awarded £37,639.32

The case of Ball v First Essex Buses Limited is a good example of how not to fairly dismiss someone accused of serious misconduct. Facts...

Joanne Moseley

Employee who wrote “Please accept one month’s notice” did not resign

If you received a letter from an employee written in this way - would you think they had resigned? The employer did in Levy v East Kent...