A downloadable PDF of this article is available by clicking this link Wrongful Dismissal When defending a claim for unfair dismissal there are usually three key witnesses: investigator; decisionmaker; appeal decisionmaker. However when an employer has summarily dismissed an employee there is invariably a claim for wrongful dismissal. None of the above witnesses are likely to […]
Tags: Commercial, Employment, General Civil
Every so often you come across ‘useful cases’. The case is not making any ground-breaking new statements on the law so-called ‘landmark’ cases. What they have in common is that within the case there is either a clear restatement of the law or the bringing together of principles found in more than one case. Ayodele […]
Tags: Commercial, Employment, General Civil
A downloadable PDF of this article is available by clicking this link. ASSERTING A STATUTORY RIGHT Under S 104 Employment Rights 1996 (ERA) an employee is protected from being dismissed for asserting a statutory right. S104 of the ERA provides as follows (my underlining): S 104 Assertion of statutory right. (1) An employee who is […]
Tags: Commercial, Employment, General Civil
A downloadable PDF version of this article is available by clicking this link. SOME OTHER SUBSTANTIAL REASON It is necessary for an employer when fairly dismissing an employee to identify the reason for dismissal. S 98(1)(b) Employment Rights Act 1996 identifies one potentially fair reason as some other substantial reason (SOSR). In […]
Tags: Commercial, Employment, General Civil
Vulnerable Witnesses Earlier this year, whilst preparing for a final hearing in a claim under the Equality Act 2010 it was necessary for me to look at the Tribunal’s approach to making reasonable adjustments at a final hearing. Guidance on a Tribunals requirement to make reasonable adjustments at hearings is found in Rackham –v- NHS […]
Tags: Commercial, Employment, General Civil
CLOUD VIDEO PLATFORM & OTHER MATTERS This blog is a bit different from my regular contribution however I thought it would be helpful to update practitioners on how things have been going since the Tribunals reopened at the end of June. I had an in-person hearing which was heard over three weeks at the beginning […]
Tags: Commercial, Employment, General Civil
On 20 May 2020, general guidance was published on PDF Bundles: https://www.judiciary.uk/wp-content/uploads/2020/05/GENERAL-GUIDANCE-ON-PDF-BUNDLES-f-1.pdf The following points are of note: The guidance does not apply to tribunals. The guidance is general and is subject to directions of the court or the requirements of a judge in a particular case. Bundles must, where the nature of the document […]
Tags: Commercial, Family, General Civil, Insolvency, Will Disputes
COVID-19 and force majeure The COVID-19 pandemic is placing considerable strain on businesses, making it difficult or impossible to meet pre-existing contractual obligations. Contracts routinely contain a force majeure clause, that is, a clause that sets out the consequences of what happens if a party is prevented from performing the contract in circumstances that are […]
Tags: Commercial, General Civil
Temporary Insolvency Practice Direction A Temporary Insolvency Practice Direction (“TIPD”) drafted by Mr Justice Zacaroli, Chief ICCJ Briggs, Mr Justice Snowden and Mr Justice Marcus Smith came into force on 6 April 2020 and will remain in force until 1 October 2020 unless amended or revoked. TIPD can be found at https://www.judiciary.uk/wp-content/uploads/2020/04/Temporary-IPD-April-2020_.pdf Its purpose is […]
Tags: Commercial, General Civil, Insolvency