Once notice of termination has been given, it cannot be withdrawn unilaterally, whether by the employer or the employee. The notice period can only be shortened or extended by mutual consent.
This eagerly awaited judgment provides clear guidance in relation to retirement policies after the Default Retirement Age was abolished in October 2011.
In some cases, it may be appropriate for you to suspend an employee from work pending the completion of an investigation. However, given the serious implications of suspension for an employee, including for his or her morale and professional reputation, you must ensure that the circumstances of the case justify it, and that it is necessary to ensure a fair investigation. Suspension will not be necessary in every case.
Read my Top Tips to suspending an employee and download my template letter to confirm a period of suspension.
In the case of Capita Hartshead Limited v Ms Byard, Ms Byard was employed by Hartshead as an actuary. The number of her clients diminished so she was not left with enough work for a full-time role. This reduction was not due to Ms Byard’s performance but because some of the pension schemes she worked on had been wound up or Hartshead had lost the client.
A bus driver who was sacked after a single negative review on the TripAdvisor website has been awarded more than £2,600 in compensation for unfair dismissal.
Sacked Cancer Sufferer was Unfairly Dismissed
This is the third in a series of articles discussing Fair Reasons for Dismissal and Unfair Dismissal. For a dismissal to be fair it must be based on one of five reasons, the second article discussed the Fair Process for a Misconduct Dismissal and this article I take a brief look at the remaining four reasons.
The Employment Appeal Tribunal (EAT) has held that an employer who sought to vary terms of employment by making an offer to ‘buy-out’ certain terms, did not unfairly dismiss employees who refused that offer when it dismissed and re-engaged them on terms which did not include the original buy-out offer.
This case shows that derogatory comments will by no means always justify dismissal. Mrs Whitham was dismissed by Ventura after posting comments on Facebook which criticised her workplace last September.
Misconduct is one of the five fair reasons for dismissing an employee read my tips to achieving a fair misconduct dismissal and avoid an unfair dismissal claim
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