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In this episode 244 of the podcast I bring you the details of the enhanced protection from dismissal that applies to certain employees under TUPE when there is a transfer of their employment. This is episode 3 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: The additional protection from unfair dismissal as a result of a transfer. When the automatic unfair dismissal right applies. The required length of service to bring a claim for automatic unfair TUPE dismissal. The defence to a claim for automatic unfair dismissal under TUPE. What economic, technical and organisational reasons have been successful defences. When a dismissal is not linked to the TUPE transfer. Episode 1 – Introduction to TUPE Episode 2 – Employee Rights Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email alison@realemploymentlawadvice.co.uk Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this eighth episode of our TUPE Podcast Series, Katie Glendinning, a Partner in the employment team, focuses on dismissals in a TUPE context and, in particular, the additional protection afforded by TUPE.In this episode, Katie will cover:What is an unfair dismissalTUPE's relationship to unfair dismissals Employee protections against dismissal under TUPE Dismissals due to transfer Economic, technical, or organisational reasons for dismissal The meaning of "entailing changes in the workforce"Who is liable for the unfair dismissal Constructive dismissal Remedies for unfair dismissalIf you have any questions in relation to TUPE, please contact our employment lawyers for advice.
Fiona Longden and Charles Pigott explore the measures in the Employment Rights Bill 2024 which will remove the current two year qualifying period for unfair dismissal rights, and introduce a new light touch regime for dismissals during a statutory probationary period.
This is the first episode in a series of four podcasts about the Employment Rights Bill. In this episode, Partners David Speakman and Stuart Craig, and Knowledge Lawyer Sara Meyer, discuss the proposals to make protection from unfair dismissal a day one right, change the trigger point for collective redundancy consultation, strengthen rights to statutory sick pay and create a new single enforcement body for employment rights.
The Labour government presented their much-anticipated Employment Bill on Thursday 10 October, bringing lots of changes in the future of employment law. In particularly, unfair dismissal. Our experts, Elaine Huttley and Joanna Moseley, explore the details from when employees can bring an unfair dismissal claim, length of probationary periods, when the changes are expected to come into force, and more.
In this bonus episode, recorded just hours after the government published the Employment Rights Bill, I give my immediate reaction to the Bill and discuss:1. Unfair Dismissal as a ‘Right from Day One' policy2. Ending Fire and Rehire3. Ending ‘exploitative' zero hours contracts:4. Protection from Third Party Sexual Harassment5. Flexible working6. Paternity, Parental and Bereavement Leave7. Enhanced protection for pregnancy and new mothers8. Statutory Sick Pay9. Gender Pay Gap / Menopause:10. Collective Redundancy Consultation11. Written Statement of Particulars of EmploymentRegister NOW for a half day deep-dive into the Employment Rights Bill at www.danielbarnett.com/newbill.This podcast is supported by Occupational Health Assessment Ltd and didlaw Employment Lawyers.
In this episode we tackle the major challenges that are reshaping the industry with expert insights from Camilla Woods, Head of Services at Hospitality Action, and Esmat Faiz, Associate Solicitor at Irwin Mitchell.We look at the impending changes in employment regulation that will impact the hospitality industry and the policies that matter for recruitment and retention. Esmat covers the six key pieces of legislature due to come in place under the new Government including Splitting Tips with staff, National Living Wage for 18-year-olds, Day one right to Unfair Dismissal, Change to Zero Hour contracts, right to request Flexible Working from day one, and protecting staff from Sexual Harassment. Camilla discusses mental health and the importance of having a framework in place and training to support employees, sharing some insightful data from its latest Take the Temperature Report.Hotelier key considerations included: The need for work-life balance and mental health training programs.Balance team cohesion from frontline onsite staff and back office flexible teamStrategies for improving employee retention, such as flexible work schedules and mentorship programs.The necessity for robust HR frameworks to comply with new employment laws.The need for career ladder transparency in the sector to encourage and support new joiners.Thanks to our facilitators; Catt Mcleod (Elegant Hotel Collection), David Ohandjanian (UPhotel Agency), Jon Siberry (Sarova Hotels).Travel Market Life is produced and managed by Urban Podcasts.
Sytner boss Darren Edwards announces retirement after illustrious 40-year career Ford boss rules out restricting supply of petrol and diesel cars to dealers to meet eco targets Carmakers and SMMT lobby Government to cut VAT on new EVs amid ‘barely moving' demand Peter Waddell launches unfair dismissal case against Big Motoring World Car auction site Motorway clocks up £30.8m loss for 2023 in year of ‘strong growth' Carwow cuts losses by 45% – but is still in the red by £16m in 2023 ‘The Ties They Are A-Changing': Vertu boss announces switch from traditional staff uniform
A man found guilty of sexual assault was awarded €5,000 for “unfair dismissal” after his employers discovered his conviction. Joining Newstalk breakfast to discuss this shocking case was barrister and Sunday Times columnist Brenda Power.
A man found guilty of sexual assault was awarded €5,000 for “unfair dismissal” after his employers discovered his conviction. Joining Newstalk breakfast to discuss this shocking case was barrister and Sunday Times columnist Brenda Power.
There's been a lot of talk in the press recently about what an employer can legally do to terminate an employee's contract of employment where they have been charged with, or have pleaded guilty to, a criminal offence. This has come to the fore following the UK riots, with the PM saying that the perpetrators will feel the "full force of the law." In this episode, Joanne Moseley and Elaine Huttley discuss what employers should consider if they have a staff member who has been charged with a criminal offence, avoiding unfair dismissal claims, frustrated contracts, and more.
Episode 6: Listener questions answered about disciplinary issues & unfair dismissal In this weeks' episode of the podcast I will answer some of the most frequently asked questions from Employers about how to deal with disciplinary issues and how to avoid a claim for unfair dismissal. This is the final of 6 episodes that focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 228 I will cover: What to do if an employee fails to attend a disciplinary hearing What to do if an employee is signed off sick during the disciplinary process My suggestion on how you should handle matters if an employee asks to be accompanied at the hearing by someone other than a trade union rep or work colleague How to handle things if you have a small business and you are the only person able to deal with the investigation process and disciplinary hearing How you should deal with the expiry of a Fixed-Term Contract What procedures apply to the expiry of a Fixed-Term Contract Action Points If you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses. Helpful Links Employment Rights Act 1996 ACAS Code of Practice Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are: An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1's Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers Please drop me an email alison@realemploymentlawadvice.co.uk Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
Want more sport news from The Daily Aus? Sign up to our sport newsletter here! Australia's workplace dispute tribunal, the Fair Work Commission, has delivered a ruling in the case between journalist Antoinette Lattouf and the ABC.It ruled that Lattouff was indeed sacked by ABC, which had been disputed by the public broadcaster. This ruling paves the way for Lattouf to pursue a Federal Court claim that her dismissal was unfair. Hosts: Sam Koslowski and Billi FitzSimonsAudio producer: James Elliott Do you have feedback for the podcast? Share your thoughts via our survey!Subscribe to The Daily Aus newsletterBuy our book No Silly QuestionsSee omnystudio.com/listener for privacy information.
In this weeks' episode of the podcast I will tell you what the compensation could be for an employee who is successful in a claim for unfair dismissal and the other lesser used remedies. This is the fifth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 227 I will cover: What the remedies are for unfair dismissal. What the difference is between an order for reinstatement and an order for re-engagement. How compensation for unfair dismissal is calculated. What the ‘Basic Award's is. What the ‘Compensatory Award' includes. What the Statutory Cap means. How causation effects compensation for unfair dismissal. What a Polkey deduction is. How the employees contributory fault can reduce compensation. What will happen if an employee has been claiming state benefits. Why an employee must try to mitigate their loss. Why employers should consider all of these issues in their defence and in producing evidence. Action Points If you receive a claim against you in the Employment Tribunal you should get advice to help to mitigate your losses. Helpful Links Employment Rights Act 1996 ACAS Code of Practice Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are: An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1's Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers Please drop me an email alison@realemploymentlawadvice.co.uk Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this episode, Daniel discusses Unfair Dismissal pitfalls with Andrew Allen from Outer Temple Chambers. You'll learn...Why the perfect conduct investigation doesn't need to be perfectWhat the first thing you should do is if an employee threatens litigation; and,Why you shouldn't stinge on holiday pay termination paymentsThis podcast is supported by Occupational Health Assessment Ltd, Policies 2024 and by HR Inner Circle.Leave a review for this podcast before 11 June 2024 and win a prize - www.danielbarnett.com/podcastreviews
In this weeks' episode of the podcast I bring you a run down of the requirements of the ACAS code of practice. This is the fourth of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 226 I will cover: What the purpose of the ACAS Code of Practice is The background to the Code of Practice What the essential elements of the Code of Practice are When the ACAS Code is applicable What the consequences are of failing to follow the Code Why you should have it in mind when dealing with conduct, performance and some other substantial reasons What you need to do to fairly investigate alleged conduct What you need to consider before dismissing an employee Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode and downloads an up to date copy of the ACAS code of practice. Check your contracts and procedures to ensure that your disciplinary procedure is not contractual. Helpful Links Employment Rights Act 1996 ACAS Code of Practice Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are: An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1's Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers Please drop me an email alison@realemploymentlawadvice.co.uk Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this weeks' episode of the podcast I bring you information and analysis of the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 225 I will cover: What the test for reasonableness is in accordance with the Employment Rights Act 1996 The two elements of a reasonable dismissal, Procedure and Substantive Fairness What the fundamentals are for a reasonable dismissal decision The different reasonableness and procedural requirements for each of the potentially fair reasons What the range of reasonable responses test is What you need to do to fairly investigate a conduct allegation What you can do if you have more than one ‘suspect' in an allegation of misconduct How to deal with performance issues in order to fairly dismiss an employee for poor performance What you need to consider before dismissing an employee Action Points Ensure anyone assigned to deal with a disciplinary investigation and the disciplinary hearing in your organisation listens to this episode. Helpful Links Employment Rights Act 1996 BHS v Burchell Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. The types of training we can deliver for you are: An introduction to the Equality Act Equality and Diversity Training An introduction to disciplinary & grievance processes and the law Holding effective 1:1's Appraisal training—Introduction Appraisal training—Refresher Holding difficult conversations Effective root cause analysis Giving and receiving effective feedback Dealing with change & change management Time management Absence management How to carry out a disciplinary investigation Managing the disciplinary process Managing the grievance process Performance and capability management Assertiveness & managing confidently The skills required to be a good manager An introduction to mental health at work for managers Please drop me an email alison@realemploymentlawadvice.co.uk Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
In this week's podcast, David Hossack and Innes Clark discuss the latest employment tribunal compensation award limit increase as well as taking a trip down memory lane to look at how employment tribunal compensation for unfair dismissal claims has developed over the years.
In this week's podcast, David Hossack and Innes Clark discuss the latest employment tribunal compensation award limit increase as well as taking a trip down memory lane to look at how employment tribunal compensation for unfair dismissal claims has developed over the years.
In this weeks' episode of the podcast I bring you the five potentially fair reasons for dismissing an employee. This is the second of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. In this episode 224 I will cover: What the five potentially fair reasons are An example of each of the reasons How they are applied Why the facts of each are important Why swearing at work can be grounds for a fair dismissal Who has the burden of proving the reason for the dismissal Why the burden shifts in a claim for Automatic Unfair Dismissal What you need to consider before dismissing an employee Action Points Check what your staff handbook says about gross misconduct and ensure it includes what you consider to amount to gross misconduct in your organisation. Helpful Links Employment Rights Act 1996 Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email alison@realemploymentlawadvice.co.uk Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
This episode 223 of the podcast I bring you an introduction to the law regarding unfair dismissal. This is the first of a mini series that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal. It will assist both employers who may be looking at making dismissal decisions and employees who may have been dismissed and are unsure if the decision is fair or not. In this episode I will cover: The history of unfair dismissal How unfair dismissal started in the early 1970's What it is and where you will find the law The fundamental difference between Unfair Dismissal and Constructive Unfair Dismissal The qualifying period for unfair dismissal Unfair dismissal claims with no qualifying period of service Claims for Automatic Unfair Dismissal The time limit for claims Circumstances when an employer must provide written reasons for an employees dismissal Action Points Whenever you are considering dismissing an employee regardless of their length of service you should ensure that as a minimum you communicate the reason for termination to the employee. Employees have rights for automatic unfair dismissal in certain circumstances regardless of their service length and communicating the reason to them is likely to minimise the risk of drawing the wrong inference as to why. Helpful Links Introduction to Constructive Unfair Dismissal: Episode 18 Focus on Constructive Unfair Dismissal: Episode 21 Employee who did not receive dismissal letter wins unfair dismissal claim Employment Rights Act 1996 Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams. Please drop me an email alison@realemploymentlawadvice.co.uk Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE Zoes Law Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw
Light a bald bandit, the DSP sit and discuss: Traditionalism (1:10), Unfair Dismissal (30:52), Good Samaritans (39:12), Mental Health Breakdowns (44:03), A.i Therapy (58:46), Sibling Rivalry (1:09:04), Adult Dislikes (1:22:00), And much, much more… Host: Rhys - Twitter: @Raw_like_me - Instagram: Rawlikeme, Mark Brown - Twitter: @Mister2Drink - Instagram: Mister2Drink - Kaydia - Instagram: @kay.veronica.fennella - Twitter: @KSmall91 - MrOh - Twitter: @MrOhYes Websites https://differentstrokespodcast.onpodium.com/ https://open.spotify.com/playlist/3xgxN3WbPiUEPTMWxvopKV?si=fCpm_fQXRFCYRCQo8jZETg https://www.tiktok.com/@differentsrokespod https://markanthonyphotography.online/ misterohyes.wixsite.com/mroh
Amy Durham and Charles Pigott assess the lessons to be learnt from two recent unfair dismissal cases involving employee misconduct.
In this episode, you'll learn about:ambiguous v unambiguous wordswas there a dismissal or resignation?when might the dismissal be fairThis podcast is supported by WorkNest and by Watershed and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals). If you're an HR Professional, come and join me at www.hrsecretstour.com
In Episode 270, Stuart McCullough and Sharlini Jayadeva discuss a recent Fair Work Commission Case: Suzie Cheikho v Insurance Australia Group Services Limited (2023) FWC 1792. An Employee was dismissed due to misconduct, which included the lack of keystrokes on their keyboard, while they worked from home. Click here to view the video version of the podcast. Click here to sign up to the VHIA Yammer Network. For more information, visit the VHIA website.See omnystudio.com/listener for privacy information.
Vaccine developer gives evidence during Warren Tredrea's unfair dismissal hearing This is just my opinion. PS: If you enjoy my content, I will think of you while drinking my coffee. – Buy Me a Coffee The Slippery Slope Spotify J Fallon Apple Music J Fallon Spotify J Fallon YouTube The Slippery Slope Apple Podcasts The Slippery Slope YouTube --- Send in a voice message: https://podcasters.spotify.com/pod/show/jason-fallon/message
It is critical for employers to follow a fair procedure before dismissing an employee. Here, Fiona Cuming, senior employment law editor at XpertHR, discusses a series of recent employment tribunal decisions where unfair dismissal claims proved successful because of procedural mistakes made by the employer during the disciplinary process.
In this episode, you'll learn about performance dismissals, including:-do warnings impact a performance management process?benefits and pitfalls of settlement agreements for underperforming employees when can you move straight to dismissal for poor performance? Daniel discusses the topic with Saul Margo from Outer Temple Chambers.This podcast is supported by rradar and by Breedon Consulting and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).
In this episode, you'll learn about conduct dismissals, including:-how to deal with misconduct that takes place outside of the workplacethe interaction between misconduct dismissals and dismissals for some other substantial reasonhow to manage conduct issues where the employee suffers from poor mental healthDaniel discusses the topic with Imogen Egan from Outer Temple Chambers.This podcast is supported by rradar and by Breedon Consulting and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).
"The court is horrified that a qualified solicitor would conduct herself in such a manner in this court" judge tells Ammi Burke on the final day of a legal challenge to a decision of the Workplace Relations Commission to reject her unfair dismissal claim against Arthur Cox. Today FM's Court Correspondent, Frank Greaney, has been in court this week and joined Matt to give an update. Catch the full chat by pressing the 'Play' button on this page.
This week Simon and David discuss the case of Maxwell v HBOS Plc. The Claimant had a long-term sickness absence and the Tribunal had to consider whether that was sufficient reason for dismissal. They discuss the Tribunal's considerations in respect of whether a fair process had been conducted. The Tribunal concluded that the Claimant was in an entrenched position with a loss of faith in the Respondent and there was no realistic prospect of him returning within any reasonable time frame. The Claimant's claim for Unfair Dismissal was subsequently dismissed. Listeners will also find out about Simon and David's recent travels.
In this episode of KC Connect, Ibec experts Declan Thomas and Terry Mac Namara discuss the obligations on a Claimant to mitigate their losses when taking a complaint for unfair dismissal to the WRC.The common law rule of mitigation of damages applies to compensation for unfair dismissal. This places a requirement on a Claimant to demonstrate an effort to mitigate their financial loss by way of attempting to secure employment following their termination. In considering a claim under the Unfair Dismissals Acts, 1977 the Court must have regard to Section 7(2)(c) of the Act. In accordance with this provision, amongst others, the Court will consider the amount of compensation which is just and equitable in all of the circumstances, taken into account the measures adopted by the Claimant or, as the case might be, the Claimants failure to adopt measures to mitigate their loss. Where the Court is satisfied that a Claimant has failed in their obligation to mitigate their loss it may so determine that the appropriate redress is compensation limited to four weeks' pay in accordance with section 7(1)(c)(ii) of the Act.Thank you for listening. To explore all of Ibec's podcast offering, visit here.
In this episode of ‘Trabaho, Visa atbp.', know the procedures and options in case you experience an unfair dismissal in your workplace. - Sa episode na ito ng ‘Trabaho, Visa atbp.', alamin ang proseso ng paghahain ng reklamo sakaling maranasan ang hindi patas na pagkakatanggal sa trabaho.
In this episode, you'll learn about constructive dismissal, including:-· what amounts to a repudiatory breach?· waiving the breach· the 'last straw' doctrineDaniel discusses the topic with Marc Jones from Marjon Law.This podcast is supported by didlaw and by Recruitment HR and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals).
How can I protect my business from an unfair dismissal claim? In this episode, I'm going to talk about things you can do to protect your business from unfair dismissal claims. You may be thinking that small businesses are exempt from unfair dismissal claims. But employees can still start a proceeding against you and you will need to respond to it. You'll be successful if you raise an objection based on jurisdiction AND if you've done the things that I'm talking about in this episode - write them down! I have a great team, do I even need to? Yes, you do. People are unpredictable. We can't control what people do or how they feel but we can take steps to protect ourselves so that the business won't be embroiled in an unfair dismissal claim and you won't have to go through the stress of defending yourself. Communication is the most important thing with your employees. The absolute highest risk scenario is where an employee is taken by surprise and reacts out of emotion. Always make sure you take the time to meet with the employees where performance is an issue and give them the opportunity to discuss their needs. I'll run you through how to avoid having a disgruntled employee in the first place and then how to position yourself in the best possible position to defend a claim if necessary. LINKS:Resources mentioned: Small Business Fair Dismissal Code 2011 (fairwork.gov.au)Check out my course Getting Paid Made Easy hereGet your copy of my Annual Legal Checklist hereWebsite:tmsolicitor.com.auInstagram:https://www.instagram.com/tmsolicitor/Facebook:https://www.facebook.com/traceymylecharanesolicitor
This episode is also available as a blog post: https://sivaprasadbose.wordpress.com/2022/04/30/indian-labor-laws-related-to-unfair-dismissal-from-a-job/ --- Send in a voice message: https://anchor.fm/sivaprasadbose/message
News Headlines: //Israeli forces raid Al-Aqsa Mosque //Violence against Muslim community in India //COVID testing requirements scrapped for international arrivals // Reminder: Stop the Expansion of the Dame Phyllis Frost Centre - Online discussion // Linda Fenton was the first Australian woman to sue her employer for unfair dismissal while on maternity leave. Now, she has written about her story, Strong Women Cry Too: Rising from the Black Hole. Linda joined Gemma and Su on Done By Law on April 4th to talk about her 20-year legal and emotional journey. For any listeners who would like to look into the case, the citation is: Jordan v Amcor Limited [1997] IRCA 153 (2 May 1997). You can listen to Done By Law every Tuesday from 6-6:30pm and you can visit the audio archive on www.3cr.org.au/donebylaw // Ezechiel Thibaud is a lecturer at the Lingnan University in Hong Kong, specialising in moral and political philosophy. Phuong caught up with Ezechiel last week to discuss the French Presidential Elections. While Ezechiel was a volunteer with Jean-Luc Melenchon's campaign, the focus of the conversation was on the election as a whole, the overall political landscape in France, and the social issues that people were concerned about going into this election. This interview was recorded last week on 12th April 2022. // Caroline is an educator living in the City of Port Phillip. Recently, Caroline received a complaint from body corporate regarding the political posters she has in the window of the apartment she owns. One poster features a local candidate and the other is a union poster. In her interview with Phuong, Caroline discusses this situation in a bit more detail but also looks at the importance of civic engagement and the freedom to engage in politics leading up to a federal election. // Gemma Cafarella is a barrister who practises in public law, including discrimination and sexual harassment matters. Gemma is the Chair of Liberty Victoria's Government Regulation and Equality Committee, and a supervisor for the Rights Advocacy Project. Gemma also has endometriosis and adenomyosis and advocates for people who menstruate to be treated better within the workplace. Gemma speaks with Kannagi about painful menstruation as a workplace issue. Link to report: A Policy for Equality: Painful Periods as a Workplace Issue // Songs: //Jersey - Barrie //Solo - Lous and the Yakuza //Heavy - Rainbow Chan //
The importance of following a fair process in an unfair dismissal claim In this episode 184 of the podcast I bring you details of a recent case decided by the Court of Appeal in respect of unfair dismissal in a redundancy situation. The case is Gwynedd Council and S Barratt & I Hughes In this episode of the podcast I cover: The basic position with regards to unfair dismissal and redundancy dismissals. Details of the case and why the Judge at the Employment Tribunal decided the dismissal was unfair. What employer's need to consider when going through a redundancy consultation. Why a failure to allow an appeal against dismissal is one factor to be considered by an employment tribunal in a claim for unfair dismissal. You may also find the following helpful. Redundancy Process: Alternative Vacancies Redundancy Process: Pools & Selection Criteria Electing Employee Representatives: Redundancy Procedure The Redundancy Consultation Process Introduction to Redundancy Fixed Price Advice from Real Experts As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour Don't forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006 We have a variety of free documents and letters which are available to download here: DIY Documents We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances. The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
Fresh off the back of newfound Tik Tok success, William and Jordan take a look through some of the more heated comments from a particular video. They reflect on the Advent Calendar episodes more generally and one question cuts a bit too close to the bone for Jordan's liking. See acast.com/privacy for privacy and opt-out information.
In this episode you'll learn:when there is a business transferwhen there is a service provision change what constitutes a transferwhen TUPE does not applyThis podcast is supported by Watson Ramsbotton Solicitors and by Cover Clinic, and by the HR Inner Circle (the UK's leading community for smart, ambitious HR Professionals)
Articles featured on pages 6 and 8 of The Carlow Nationalist on January 11th 2022.
Sometimes, a dismissed employee feels they've been unfairly sacked and will take legal action. What happens then? What's the process? For example, what factors does the Fair Work Commission consider when deciding whether a dismissal is reasonable or not? Paul Cott, Principal at Law on Lydiard discusses some of the main issues of an unfair dismissal matter in action. Law on Lydiard – https://www.lawonlydiard.com.au/ See omnystudio.com/listener for privacy information.
As part of the Insight HR 'How To Do HR' series, we're discussing how to address a claim of unfair dismissal. The HR Room Podcast is a series from Insight HR where we talk to business leaders from around Ireland and share advice on how to create the HR systems and workplace culture that's right for your business. For show notes, go to www.InsightHR.ie/Podcast. If you need any HR support in Ireland, get in touch with us at Insight HR. Whether it's conducting a complex workplace investigation, filling a gap by providing you with a virtual or an onsite HR resource, or providing advice via our HR support line, as an expert HR consultancy in Ireland, we'll help you resolve whatever Human Resources challenge your business is facing. Visit us at www.InsightHR.ie.
As part of the Insight HR 'How To Do HR' series, we're discussing how to prevent a claim of unfair dismissal. The HR Room Podcast is a series from Insight HR where we talk to business leaders from around Ireland and share advice on how to create the HR systems and workplace culture that's right for your business. For show notes, go to www.InsightHR.ie/Podcast. If you need any HR support in Ireland, get in touch with us at Insight HR. Whether it's conducting a complex workplace investigation, filling a gap by providing you with a virtual or an onsite HR resource, or providing advice via our HR support line, as an expert HR consultancy in Ireland, we'll help you resolve whatever Human Resources challenge your business is facing. Visit us at www.InsightHR.ie.
After 10 years of loyalty with her company, Lisa processes with Nya B, being laid off by her employer.
In this episode Kevin is joined by barrister Robin White. Robin was the first barrister to transition from male to female while in practice at the employment and discrimination bar. They chat about Robin's early life and career, and how dealing with personal discrimination in her late twenties became a catalyst for a career change into law. Now specialising in transgender rights, Robin offers a candid insight into her experience. She discusses the current issues that surround gender-transformation, as well as general workplace and social discrimination in Britain today. Find out more at tr.com/TheHearing
I read an article about Employment Law in Canada.
The issue of terminating employees can be a really difficult area for employers to navigate. And it's an issue that comes up time and time again with our clients. To give this subject the proper treatment that it deserves, we have on board Jayne Qorraj, who heads up the Employment and Litigation division at Aspect Legal.
We want to talk today about all of the things that you can do differently. The small things that you can put in place in your business to try and set it up into the position that you're able to avoid the risk of unfair dismissal claims or at least reduce the risk as much as possible.