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Joanne Moseley

Managing opposing beliefs: what employers can learn from two recent cases

Most employers would consider themselves very unlucky to become embroiled in a tribunal claim arising from a staff meeting chaired by a...

20/03/25
Katie Gledhill

New tribunal compensation limits in force from April 2025

The government has recently announced that it will increase the following compensatory awards from 6 April 2025:  The limit on a week's...

17/03/25
Alexandra Addington

Teacher dismissed for 'safeguarding' concerns: lessons to learn from school who made mistakes at every stage

Schools and colleges obviously need to investigate safeguarding concerns and take appropriate action against staff whose actions or...

03/03/25
Alexandra Addington

How many warnings do you need to give an underperforming employee before dismissing them?

What's the best way to deal with an employee who is underperforming? At what point is it fair to say, you've had enough time to improve,...

20/02/25
Alexandra Addington

Protected disclosures: was moving an employee to a different team a detriment?

Once a worker makes a protected disclosure, they gain certain legal rights irrespective of their length of service. Dismissing an...

05/02/25
Alexandra Addington

What retailers need to know about upcoming employment law changes

The Employment Rights Bill (the ‘Bill’) and the regulations which will follow it, will bring about significant transformation in...

05/02/25
Joanne Moseley

Can you sack an employee if they've lied on their CV (even if it's only a little bit)?

In November the chancellor, Rachel Reeves, was accused of “exaggerating” and “lying” about her economic experience. Reeves studied...

28/01/25
Alexandra Addington

How long do you have to wait until you can dismiss an employee on long-term sick leave?

There's a lot for schools and colleges to consider when a member of staff goes off sick. You'll want to minimise disruption to your...

08/01/25
Alexandra Addington

Tribunals given power to increase compensation where employers have not followed statutory codes of practice

From 20 January 2025, tribunals will have the power to increase protective awards by up to 25% when employers have failed to follow their...

29/12/24
Joanne Moseley

Do you use 'protected conversations' as way of trying to agree exit terms?

It's been over 10 years since the law was changed to allow employers to have confidential discussions with their staff to end their...

04/12/24
Joanne Moseley

Do organisations that provide services to schools and colleges need to have a written 'no touching' policy about children?

That was one of the issues the EAT had to consider in the case of Hewston v Ofsted after an Ofsted inspector was dismissed for brushing...

19/11/24
Joanne Moseley

The Employment Bill has landed: what does it say about unfair dismissal as a day one right?

The government has published its much-anticipated Employment Bill. It contains a raft of new changes which, once implemented, will give...

11/10/24
Joanne Moseley

How should schools and colleges investigate allegations of sexual assault against its staff?

This is one of the most challenging issues for schools and colleges. Some lessons can be learned from the case of Hawker v Devonport High...

01/11/23
Joanne Moseley

Was it fair to dismiss a teacher for making one inappropriate comment to a pupil?

That was the issue the tribunal had to determine in the case of G Coleman v Doncaster Culture & Leisure Trust.  Facts Mr Coleman worked...

31/08/23
Joanne Moseley

HR professional asked to do the laundry following maternity leave awarded £18,000 for injury to her feelings

It's depressing that some employers still perceive women who become pregnant and take maternity leave as lacking dedication and being...

08/08/23
Joanne Moseley

Designer refused promotion awarded £85,000 for age discrimination

In Sunderland v Superdry a tribunal had to decide if an experienced designer had been passed over for promotion because of her age. Facts...

26/08/22
Joanne Moseley

Long COVID and disability: what HR need to know

In Burke v Turning Point Scotland, the employment tribunal had to decide whether a man who caught COVID-19 in November 2020, and...

24/06/22
Joanne Moseley

Employee nicknamed "half-dead Dave" awarded £13,000 for injury to his feelings

In Robson v Clarke's Mechanical Ltd, the tribunal had to determine if a 69 year old plumber and heating engineer, referred to as...

24/05/22
Joanne Moseley

Redundancy: employer using 'focus' as part of selection criteria discriminated against mother of four

In Long v  British Gas, the tribunal had to determine whether the selection criteria the employer used to determine who to make redundant...

28/04/22
Joanne Moseley

EAT decides that employee who took voluntary redundancy could claim unfair dismissal

In White v HC-One Oval Ltd the EAT had to decide if an employee who had taken voluntary redundancy could pursue an unfair dismissal...

21/04/22
Joanne Moseley

Computer says no: unpicking the employment risks of AI

Last week several newspapers ran a story about three make-up artists who had been 'dismissed by algorithm' during a redundancy exercise....

30/03/22
Joanne Moseley

What's the best way to deal with a serial complainer?

Dealing with an employee who repeatedly raises grievances must be up there as one of the most frustrating jobs HR advisers (and the...

28/02/22
Joanne Moseley

Can you dismiss an employee for refusing to be vaccinated against COVID-19?

That was the issue an employment tribunal had to determine in the case of Allette v Scarsdale Grange Nursing Home Limited and is the...

02/02/22
Joanne Moseley

COVID-19: employee who was sacked after raising health and safety concerns was protected under whistleblowing legislation

Back at the start of the pandemic we speculated that there would be an increase in the numbers of employees relying on the...

24/01/22
Joanne Moseley

Employee unfairly dismissed for raising safety concerns on the day of the first lockdown

In Preen v Coolink v Mullins, the tribunal had to decide if an employee had been automatically unfairly dismissed for raising safety...

31/12/21
Joanne Moseley

'Fowl' investigation costs employer over £5k

Sometimes a case comes along which perfectly illustrates why it's so important for employers to get the investigatory stage right before...

20/10/21
Joanne Moseley

Are menopausal symptoms a disability in law?

Menopausal women who have been badly treated at work have to rely on the established principles of sex, age and/or disability...

19/10/21
Joanne Moseley

Employer loses discrimination claim after sacking two male directors to reduce its gender pay gap

Since 2017, if you are an employer who has a headcount of 250 or more, you must publish information about the gender pay gap in your...

04/10/21
Joanne Moseley

Do you have to give an employee the opportunity to appeal against their dismissal if they are made redundant?

Redundancy is one of the potentially fair reasons for dismissal listed in the Employment Rights Act 1996. Even in a genuine redundancy...

23/09/21
Joanne Moseley

Labour Party announce plans to improve employment protection for workers (if it gets into power)

Unless the government decides to hold a snap general election, the UK will not go to the polls again to choose the next government until...

07/09/21