Case report round-up: Lord Justice Elias criticises standard practice of suspending employees during investigations

The XpertHR's latest case reports cover:

  • Disciplinary processes: Knee-jerk suspension of employee may be fundamental breach of contract In Crawford and another v Suffolk Mental Health Partnership NHS Trust [2012] IRLR 402 CA, the Court of Appeal held that an employment tribunal had not erred in finding the dismissals of two long-serving nurses unfair. Lord Justice Elias went on to make obiter comments critical of the standard practice that has developed of suspending employees while allegations are investigated. (Employment Review)
  • Retirement: Retirement notice did not comply with repealed statutory procedures In R&R Plant (Peterborough) Ltd v Bailey [2012] IRLR 503 CA, the Court of Appeal held that the employer’s notice of its intention to retire the employee did not comply with the (now repealed) statutory retirement procedures with regard to informing the employee of the right to request to continue working beyond retirement age. (Employment Review)

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