Managing employees/workers
This constructive dismissal claim against a fashion retailer was unsuccessful, but it does reveal some of the difficulties that can arise when employers in this sector require their staff to project a particular image.
Practical guidance on employing shift workers, including shift patterns; shift premiums; and night work.
Colin Makin, Krishna Santra, Linda Quinn and Sandra Martins are senior associates and Melissa Powys-Rodrigues is an associate at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Appeal has held that, where the reason for a TUPE-related dismissal is to continue running a business and to avoid liquidation, this can constitute an economical, technical or organisational (ETO) reason entailing changes in the workforce, meaning that such a dismissal is not automatically unfair.
This employment tribunal decision provides a useful example for employers of what the legislation on the right to be accompanied means when it says that the right applies where a worker "reasonably requests" to be accompanied at a disciplinary hearing, an issue on which there is a surprising paucity of case law.
This employer lost an employment tribunal case because it did not allow an employee who was still on his probationary period be accompanied at a meeting at which he was informed that he was being dismissed.
James Buckle, Gerri Hurst, Joelle Parkinson, Chris McAvoy and Helen Samuel are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
HR and legal information and guidance relating to managing employees/workers.