Employment Law | Legal Updates & Commerical Insight

May

2013

Employment

When does an employee’s continuous employment start?

Perhaps unsurprisingly, the EAT has held that an employee’s continuous employment starts on the date upon which their work under a contract of employment begins, even where they have undertaken other activities for the employer prior to this. Miss Koenig signed a contract in August 2009 that stated her employment would commence on 1 October… Read more »

Posted by Julie Keir

On May 15, 2013

May

2013

Employment

The curious case of the non-existent dismissal

The Employment Appeal Tribunal has released its judgment in Lawal v Birmingham & Solihull Mental Health NHS Foundation Trust. Although centring on a procedural point, the facts of this case – which the EAT labelled as “curious” – make it an interesting read. Dr Lawal was employed by the Trust from 2001. He gave notice… Read more »

Posted by Julie Keir

On May 14, 2013

May

2013

Employment

Immigration issues – unfair dismissal and migrant workers

Employers face significant penalties if they employ individuals who do not have a right to work in the UK. In Winful v Whitbread Group plc, the Employment Tribunal considered the case of a migrant worker whose visa expired after she had been employed for 5 years. Whitbread employed Mrs Winful as a housekeeper from July… Read more »

Posted by Employment Law

On May 3, 2013

May

2013

Employment

Does a sanction short of dismissal on internal appeal remove the earlier dismissal?

It depends on whether the disciplinary policy requires the employee’s consent to a lesser penalty being imposed. In the recent case of Piper v Maidstone & Tunbridge Wells NHS Trust, the EAT found that Mr Piper had jurisdiction to bring an unfair dismissal claim where at internal appeal stage, his employer overturned the decision to… Read more »

Posted by Julie Keir

On May 1, 2013

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