Need to ensure free flow of information during an investigation reinforced by the Employment Appeal Tribunal
The Employment Appeal Tribunal (“EAT”) recently utilised the findings in the Jhuti case to uphold a claim for unfair dismissal. In Jhuti, the Supreme Court found that where there is a hidden reason for a dismissal it will be held to be the reason for the dismissal irrespective of the fact that the decision maker had an alternative admissible reason in mind. Accordingly, the dismissal will be automatically unfair even though the decision maker has acted in good faith. In that instance, there was an element of deliberate manipulation of the information made available to the investigating officer, which was not the case in the matter put before the EAT in this instance. However, the EAT still applied the reasoning of the Supreme Court in Uddin v. London Borough of Ealing. The matter concerned an employee dismissed for alleged sexual misconduct. The Claimant, a 43 year-old man, had been accused of sexual misconduct in relation to a 26 year-old female student who was on a three-month placement.
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Employment Changes coming up in 2020!
April tends to be a busy and stressful time of the year for many businesses who have the end of their financial year around this time, multiple employees on annual leave over the Easter holidays, together with changes to make in line with new legislation - particularly in respect of your employees!
Be prepared - April 2020 is going to bring a lot of change to Employment Law and there is nothing like being prepared and ahead of the game in business! In order to assist, we have rounded up the key changes that employers need to be aware of and in particular, those that will impact on the construction industry.
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