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Sarah King Employment Solicitor

Employers Contracts

Twitter and dismissal

The first case involving a dismissal for comments published on Twitter has made the EAT.  In this case, the employee had a personal account not linked to his employer Game Retail Ltd but was followed by about 35 stores.  He made offensive comments that were not work related but a fellow manager complained to the […]

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Employers Contracts

Military reservists

New laws will come into force on 1st October 2014 concerning military reservists.  The statutory qualifying period will be removed where the dismissal is connected with the employee’s membership of the Reserve Forces such as the Territorial Army, Royal Naval Reserve, Royal Auxiliary Air Force and Royal Marines Reserves. The statutory qualifying period for unfair […]

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Employers Contracts

Too much notice?

The recent EAT case of Cockram v Air Products Plc concerns an employee who resigned claiming constructive dismissal following a repudiatory breach of contract by his employer.  The employee gave longer notice than he was contractually required to do for financial reasons.  He was required to give three months notice but in fact gave seven months […]

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Employers Contracts

Can an employee who is constructively dismissed contribute to their dismissal?

The EAT has recently decided yes following the case of Frith Accountants Ltd v Law but recognised that it would be usual but not exceptional for a constructive dismissal to be caused or contributed to by any conduct by the employee. In this case, the Claimant Mrs Law was 62 years old and her employer […]

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Employers Contracts

New limits on week’s pay and compensatory awards

This year there is a move away from the annual change to a week’s pay and the maximum compensatory award which has always traditionally taken place in February for the last few years. Instead this year there will be an increase on 6th April 2014. The Employment Rights (Increase to Limits) Order 2014 reflects an […]

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Employers Contracts

Appeals against dismissal

A small employer dismissed an employee for gross misconduct. The employee appealed so the employer engaged an independent panel to hear the employee’s appeal. The panel overturned the employer’s decision to dismiss but the employer did not implement the panel’s decision. Where does that leave the employer in an unfair dismissal claim? The ET found […]

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Employers Contracts

Injunction against dismissal

The Supreme Court recently restored a High Court decision in the case of Chhabra that an injunction should be granted against the West London Mental Health NHS Trust to prevent it from proceedings with disciplinary action for gross misconduct against Dr Chhabra. The Trust was found to have breached Dr Chhabra’s contract of employment as […]

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Employers Contracts

Right to be accompanied

The recent case of Toal and another v GB Oils Ltd before the EAT last year held that the right to choose a companion was an absolute right which was only subject to the limitations imposed under s10(3) of the Employment Relations Act 1999 which defines a companion as an appropriate union representative or one of […]

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Employers Contracts

Judicial review

Whilst many Claimant solicitors await the outcome of the judicial review into the introduction of Tribunal fees, the High Court is to receive another challenge. A London employment firm is seeking to challenge the new 52 week limit on unfair dismissal awards which came into force also on 29th July 2013 under the Unfair Dismissal (Variation […]

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Employers Contracts

Out of hours conduct

It is always a fine line between conduct which occurs out of work and the ability to discipline or dismiss for it. Some examples are more clear cut than others.  It is not limited to conduct in the course of employment provided it affects the employee or could be likely to affect the employee when he […]

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(Our news section brings you the latest news on published judgments and cases which are all in the public domain. We only comment on these published cases and not cases of our actual clients. Publication of the case or comments is a public service designed to make the courts and tribunals more accessible and ensures justice is seen to be done. This is why court and tribunal judgments are published publicly.)