The Appeal Tribunal has ruled that where an employee pretends to be more sick than they really are (Malingering) then it is an issue of misconduct and not capability. The Tribunal went on to say that if an employee is caught out doing this, it may be a case of gross misconduct being a fundamental breach of contract. Naturally the case will depend on its facts, but employers will be relieved to hear that those off work with bad backs found on the golf course may be capable of summary dismissal, subject to the usual rules of procedure. A similar approach would seem suitable for “Duvet Days” or spurious family emergencies. The case of the Malingering bus driver can be read at the following link: http://www.bailii.org/uk/cases/UKEAT/2015/0295_15_0312.html Back to legal...
An employer whose business model uses “gig staff” (presumed to be self-employed often) has told a committee of MP’s that if a worker takes them to Tribunal and wins, gaining rights to paid holiday and to the Living Wage, the employer would not roll out the rights to anyone else. Read More Read more>>
It has long been a stock question from clients as to whether they can monitor employees’ emails. In fact, the actual question from clients often comes too late, in that they ask if they can sack an employee for the contents of an email, and we have to say that they could, except that they… Read more>>
Suspension is an extremely common response to allegations which might amount to gross misconduct. If an employer has left an employee in situ after serious allegations, the employer might face difficulty in dismissing summarily if the employee has been left at work while the matter is investigated. Read More Read more>>