The High Court ruled last week that an employer could dismiss an employee for an act of Gross Misconduct over five years old. The employee was a football manager, in fact he was manager of Leeds United. He was served notice of redundancy, and his notice was worth £200,000. The employer, after serving notice, mounted a concerted effort to find misconduct, having the managers computer forensically analysed, and found that he had forwarded an offensive email over five years prior. He was sacked and lost his notice and redundancy. The High Court ruled that because the employer did not know about it before, they could still sack, even after substantial time had passed. It did not matter that the employer had actually gone out of its way to look for misconduct. The email was offensive, could be harassment, and the manager held a senior position. The case can be read in full at the following link: http://www.bailii.org/ew/cases/EWHC/QB/2015/376.html Back to legal...
Businesses should already be aware that as of last April Companies House introduced a register of the people with significant control (PSC) of a company. This was done when submitting the company’s annual confirmation statement (which replaced the annual return in June 2016). Read More Read more>>
A case this month has examined the practice of selecting for redundancy by making employees compete for new roles and sacking the unsuccessful applicants. It has long been established that the selection criteria for selecting in this way, i.e. who gets a new post, are judged by a slightly different test than when an employer… Read more>>
The Employment Appeal Tribunal (EAT) have handed down a judgment which aims to assist employers in working out whether they should pay the minimum wage to workers for time spent sleeping. The case of Focus Care Agency v Roberts is essential reading for those who have to make that decision and it applies particularly in… Read more>>