Summary:  Can an employee successfully claim constructive dismissal if they use the grievance procedure following the alleged breach of contract? Yes, says the EAT in Gordon v J & D Pierce (Contracts) Ltd available here. Background:  Constructive dismissals occur when an employee resigns in response to their employer’s repudiatory breach of the employment contract.  However,…
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ACAS has issued guidance for employers on handling disciplinary and grievance processes during the Coronavirus pandemic (available here). The guidance confirms that employees can still raise a grievance or be subject to a disciplinary whilst they are working from home, following social distancing in the workplace, or on furlough. However, employers must consider if they…
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Summary: Is it misconduct for an employee to make a covert recording at work? Yes, except in the most pressing of circumstances, held the EAT in Phoenix House v Stockman available here. Facts:  The employee, Mrs Stockman, brought a successful claim in the Employment Tribunal for unfair dismissal.   During the Tribunal proceedings it emerged that…
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Summary:  Does an employer breach the implied duty of trust and confidence by proceeding with a disciplinary investigation whilst there is an ongoing police investigation? No, says the Court of Appeal in North West Anglia NHS Foundation Trust v Gregg available here.  Only in very limited circumstances is there any requirement on an employer to…
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Summary:   Did an employer’s refusal to postpone a disciplinary hearing, due to the unavailability of the employee’s trade union representative, make the dismissal unfair? Yes, says the EAT in Talon Engineering Limited v Smith available here. Background:  Workers have a statutory right to be accompanied at disciplinary hearings by either a work colleague or their…
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Once again the world of professional cycling has given me a thought for a blog. This time it is the Chris Froome situation. As an update, on Stage 18 of the Vuelta a Espana (Tour of Spain) in September 2017 he gave an “adverse analytical finding” – essentially his urine test showed double the permitted…
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